SwanCare Group Incorporated

[2013] FWCA 6643

[2013] FWCA 6643

FAIR WORK COMMISSION

DECISION

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

SwanCare Group Incorporated
(AG2013/9089)

SWANCARE GROUP INCORPORATED HEALTH SERVICES UNION OF WESTERN AUSTRALIA (HSUWA) ENTERPRISE AGREEMENT 2013

Health and welfare services
COMMISSIONER CLOGHAN	PERTH, 11 SEPTEMBER 2013

SwanCare Group Incorporated Health Services Union of Western Australia (HSUWA) Enterprise Agreement 2013.

[1] On 2 September 2013, SwanCare Group Incorporated made application for approval of a single enterprise agreement to be known as the SwanCare Group Incorporated Health Services Union of Western Australia (HSUWA) Enterprise Agreement 2013 (“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 22 August 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] 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.

[5] The Health Services Union (HSU) has declared that the HSU was a bargaining representative for the Agreement and is entitled to represent the industrial interests of those employees in accordance with paragraph 176(1)(b) of the FW Act. Further, the HSU supports the approval of the Agreement by the Commission and has read and agrees with the Employer’s statutory declaration in support of the application, insofar as it is within the Union’s knowledge. Finally, the HSU has given notice that, pursuant to s.183 of the FW Act, it wants to be covered by the Agreement.

[6] The Agreement is approved and will, in accordance with s.54(1) of the FW Act, operate from 18 September 2013.

[7] The nominal expiry date of this Agreement is 30 June 2016.

COMMISSIONER

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