South Coast Private Pty Ltd T/A South Coast Private

[2013] FWCA 2453

[2013] FWCA 2453

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a greenfields agreement

South Coast Private Pty Ltd T/A South Coast Private
(AG2013/5945)

SOUTH COAST PRIVATE & HSU-NSW GREENFIELDS ENTERPRISE AGREEMENT 2013 - 2015

Health and welfare services
COMMISSIONER MCKENNA	SYDNEY, 22 APRIL 2013

Application for approval of the South Coast Private & HSU-NSW Greenfields Enterprise Agreement 2013 - 2015 .

[1] [1] An application has been made for approval of an enterprise agreement known as the South Coast Private & HSU-NSW Greenfields Enterprise Agreement 2013 - 2015 (“the Agreement”). The application has been made by South Coast Private Pty Ltd T/A South Coast Private (“the applicant”) pursuant to s.185 of the Fair Work Act 2009 (“the Act”). The Agreement is a greenfields agreement.

[2] I am satisfied that each of the requirements of ss.186 and 187 of the Act relevant to this application for approval has been met. The applicant has provided written undertakings addressing miscellaneous matters. A copy of the undertakings is attached to this decision and marked “Annexure A”. I note that, under s.191 of the Act, the undertakings are taken to be terms of the Agreement. The Health Services Union NSW Branch (“HSU”) concurs with the content of the undertakings..

[3] In accordance with s.187(5)(a) of the Act, I am satisfied that the HSU is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date is 1 April 2015.

COMMISSIONER

Annexure A

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