St John Of God Health Care Inc T/A St John of God

[2013] FWCA 973

[2013] FWCA 973

FAIR WORK COMMISSION

DECISION

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

St John Of God Health Care Inc T/A St John of God
(AG2013/178)

ST JOHN OF GOD HEALTH CARE ENROLLED NURSES AND SUPPORT SERVICES AGREEMENT 2012

Health and welfare services
COMMISSIONER CLOGHAN	PERTH, 12 FEBRUARY 2013

Application for approval of the St John of God Health Care Enrolled Nurses and Support Services Agreement 2012.

[1] On 25 January 2013, St John of God Health Care Inc made application for approval of a single enterprise agreement to be known as the St John of God Health Care Enrolled Nurses and Support Services Agreement 2012 (“the Agreement”). The application was made pursuant to s.185 of the Fair Work Act 2009 (“the FW Act”).

[2] The Agreement was made following a ballot on 14 January 2013.

[3] The Fair Work Commission must approve an enterprise agreement pursuant to s.186 of the FW Act if the requirements set out in that section, s.187 and s.188 are met.

[4] Pursuant to s.190 of the FW Act, the Applicant was provided an undertaking that in Clause 48: Introduction of Change and Redundancy, an employee can appoint a representative of their choice for the purposes of consultation.

[5] I am satisfied, from the material provided to the Commission, that ss.186, 187 and 188, as are relevant to this application for approval, have been met.

[6] The Australian Nursing Federation (ANF) and United Voice have declared that the ANF and United Voice were bargaining representatives for the Agreement and are entitled to represent the industrial interests of those employees in accordance with paragraph 176(1)(b) of the FW Act. Further, the ANF and United Voice support the approval of the Agreement by the Commission and have read and agree with the Employer’s statutory declaration in support of the application, insofar as it is within their knowledge. Finally, the ANF and United Voice have given notice that, pursuant to s.183 of the FW Act, they wants to be covered by the Agreement.

[7] The Agreement is approved and will, in accordance with s.54(1) of the FW Act, operate from 19 February 2013.

[8] The nominal expiry date of this Agreement is 31 January 2015.

COMMISSIONER

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