St John of God Health Care Inc.; Health Services Union

[2013] FWCA 4692

[2013] FWCA 4692

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

St John of God Health Care Inc.; Health Services Union
(AG2013/824)

ST JOHN OF GOD PATHOLOGY VICTORIA - HEALTH SERVICES UNION - CAREGIVER ENTERPRISE AGREEMENT 2013

Health and welfare services
COMMISSIONER JOHNS	MELBOURNE, 19 JULY 2013

Application for approval of the St John of God Pathology Victoria - Health Services Union - Caregiver Enterprise Agreement 2013.

[1] On 8 April 2013 St John of God Health Care Inc and Health Services Union made an application for approval of the St John of God Pathology Victoria - Health Services Union - Caregiver Enterprise Agreement 2013 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Commission accepted the undertaking attached to this decision, which has been given by the employer and note that the intention of clause 31 of the Agreement is to apply to shift penalty rates only. The Commission also notes that the relevant pay rates in the Health Professionals and Support Services Award 2010 will be applied where those rates are higher than the rates contain within the Agreement.

[4] The Commission is satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[5] The Health Services Union, Victoria No 4 Branch, 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), The Commission notes that the Agreement covers this organisation.

[6] The Agreement is approved. In accordance with s.54 of the Act the Agreement will operate from 26 July 2013. The nominal expiry date of the Agreement is 1 November 2014.

COMMISSIONER

ATTACHMENT A

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