SOS Nursing and Home Care Service Pty Limited

Case

[2013] FWCA 9235

22 NOVEMBER 2013

No judgment structure available for this case.

[2013] FWCA 9235

FAIR WORK COMMISSION

DECISION


Fair Work Act 2009

s.185—Enterprise agreement

SOS Nursing and Home Care Service Pty Limited
(AG2013/2282)

SOS HOME CARERS’ AGREEMENT 2013

Social, community, home care and disability services

DEPUTY PRESIDENT BOOTH

SYDNEY, 22 NOVEMBER 2013

Application for approval of the SOS Home Carers’ Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the SOS Home Carers’ Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made SOS Nursing and Home Care Service Pty Limited. The agreement is a single-enterprise agreement.

[2] The NSW Nurses and Midwives’ Association, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[3] An undertaking has been provided by Ms Rosemary Hyles, who is authorised to make this undertaking pursuant to s.190 of the Act for the applicant. The written undertaking concerning clauses 4, 7, 10, 16.1, 16.2 and 19.3 will be taken to be a term of the Agreement pursuant to s.191 of the Act. A copy of the undertaking is attached as Annexure A.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 November 2013. The nominal expiry date of the Agreement is 1 July 2017.

DEPUTY PRESIDENT

Annexure A

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