South Port Community Residential Home Inc

[2009] FWA 410

[2009] FWA 410

FAIR WORK AUSTRALIA

DECISION

Fair Work Act 2009
s.185—Approval of enterprise agreement

South Port Community Residential Home Inc
(AG2009/12781)

SOUTH PORT COMMUNITY RESIDENTIAL HOME INC NURSES ENTERPRISE AGREEMENT 2009

Health and welfare services
COMMISSIONER WHELAN	MELBOURNE, 29 SEPTEMBER 2009

Application for approval of the South Port Community Residential Home Inc Nurses Enterprise Agreement 2009.

[1] An application has been made for approval of an enterprise agreement known as the South Port Community Residential Home Inc Nurses Enterprise Agreement 2009 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by South Port Community Residential Homes Inc. The agreement is a single-enterprise agreement.

[2] The Agreement was made during the bridging period 1 as defined in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (the Transitional Act). Accordingly, when considering whether to approve the Agreement I have taken into account the provisions of Part 2–4 of Chapter 2 of the Act as modified by Schedule 7 of the Transitional Act.

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

[4] The Australian Nursing Federation (ANF) and the Health Services Union of Australia (HSU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers those organisations.

[5] The Agreement was approved in Chambers on 28 September 2009 and, in accordance with s.54, will operate from 5 October 2009. The nominal expiry date of the Agreement is 31 March 2013.

COMMISSIONER

 1   Item 2, Part 1, of Schedule 2.

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