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

[2016] FWCA 7852

[2016] FWCA 7852

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

St John of God Health Care Inc T/A St John of God Health Care
(AG2016/5726)

ST JOHN OF GOD HEALTH CARE MAINTENANCE CAREGIVERS AGREEMENT 2016

Health and welfare services
COMMISSIONER ROE	MELBOURNE, 31 OCTOBER 2016

Application for approval of the St John of God Health Care Maintenance Caregivers Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the St John of God Health Care Maintenance Caregivers Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by St John of God Health Care Inc T/A St John of God Health Care. The Agreement is a single enterprise agreement.

[2] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Construction, Forestry, Mining and Energy Union, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that it wants the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[4] The Agreement was approved on 31 October 2016 and, in accordance with s.54, will operate from 7 November 2016. The nominal expiry date of the Agreement is 31 August 2019.

COMMISSIONER

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