St Andrew's Hospital Toowoomba

[2013] FWCA 1328

[2013] FWCA 1328

FAIR WORK COMMISSION

DECISION

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

St Andrew's Hospital Toowoomba
(AG2013/4644)

ST ANDREW'S TOOWOOMBA HOSPITAL - AMACSU ENTERPRISE AGREEMENT 2013-2015

Health and welfare services
COMMISSIONER BOOTH	BRISBANE, 5 MARCH 2013

Application for approval of the St Andrew's Toowoomba Hospital - AMACSU Enterprise Agreement 2013-2015.

[1] An application has been made for approval of a single enterprise agreement known as the St Andrew's Toowoomba Hospital - AMACSU Enterprise Agreement 2013-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by CPG Resources - Mineral Technologies Pty Ltd.

[2] 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.

[3] The flexibility clause 2.2 in the Agreement makes reference to the inclusion of the Model flexibility term to comply with s.203 of the Act. Therefore pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement and is attached to the Agreement.

[4] In addition, the Applicant has sought to correct a typographical error in the Agreement. The correction requires the title of the Agreement in clause 1.1 to be changed to St Andrew's Toowoomba Hospital - AMACSU Enterprise Agreement 2013-2015. I am satisfied that the Agreement contains a typographical error and that it should be corrected pursuant to s.586 of the Act.

[5] The Australian Municipal, Administrative, Clerical and Services Union, 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 March 2013. The nominal expiry date of the Agreement is 31 December 2015.

COMMISSIONER BOOTH

Printed by authority of the Commonwealth Government Printer

<Price code G, AE400078  PR534480>