St John of God Outreach Services T/A St John of God Accord

[2014] FWCA 3620

[2014] FWCA 3620

FAIR WORK COMMISSION

DECISION

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

St John of God Outreach Services T/A St John of God Accord
(AG2014/1052)

ST JOHN OF GOD ACCORD SHARED SUPPORTED ACCOMMODATION (SSA) ENTERPRISE AGREEMENT 2014

Social, community, home care and disability services
COMMISSIONER JOHNS	MELBOURNE, 30 MAY 2014

Application for approval of the St John of God Accord Shared Supported Accommodation (SSA) Enterprise Agreement 2014.

[1] On 7 May 2014 St John of God Outreach Services T/A St John of God Accord (Applicant) made an application for approval of the St John of God Accord Shared Supported Accommodation (SSA) Enterprise Agreement 2014 (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 Applicant has provided a written undertaking. The undertaking clarifies that all references to National Catholic Superannuation contained in Clause 18 Occupational Superannuation of the Agreement shall be removed and replaced with HESTA. A copy of the undertaking is attached as Attachment A. The Commission is satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. In any case, the Health Services Union (Victoria) No.1 Branch t/a the Health Workers Union (HWU) and the Health Services Union (Victoria) No.2 Branch t/a the Health and Community Services Union (HACSU) have indicated their acceptance of the undertakings.

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

[5] The HWU and HACSU, being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they want to be covered by the Agreement. In accordance with s 201(2), the Commission notes that the Agreement covers these organisations.

[6] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 6 June 2014. The nominal expiry date of the Agreement is 31 March 2016.

COMMISSIONER

Attachment A:

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<Price code G, AE408417  PR551273>