SwanCare Group Incorporated

[2016] FWCA 7515

[2016] FWCA 7515

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SwanCare Group Incorporated
(AG2016/4261)

SWANCARE GROUP INCORPORATED HEALTH SERVICES UNION OF WESTERN AUSTRALIA (HSUWA) ENTERPRISE AGREEMENT 2016

Aged care industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 19 OCTOBER 2016

Application for approval of the SwanCare Group Incorporated Health Services Union of Western Australia (HSUWA) Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the SwanCare Group Incorporated Health Services Union of Western Australia (HSUWA) Enterprise 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 SwanCare Group Incorporated. 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 Health 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) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 19 October 2016 and, in accordance with s.54, will operate from 26 October 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

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