The Smith Family

[2013] FWCA 2831

[2013] FWCA 2831

FAIR WORK COMMISSION

DECISION

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

The Smith Family
(AG2013/937)

THE SMITH FAMLY COMMUNITY PROGRAMS ENTERPRISE AGREEMENT 2013

Social, community, home care and disability services
COMMISSIONER MCKENNA	SYDNEY, 7 MAY 2013

Application for approval of The Smith Family Community Programs Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as The Smith Family Community Programs Enterprise Agreement 2013 (“the Agreement”). The application has been made by The Smith Family (“the applicant”) pursuant to s.185 of the Fair Work Act 2009 (“the Act”). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval has been met. The applicant has provided written undertakings addressing miscellaneous matters. A copy of the undertakings is attached to this decision and marked “Annexure A”. I note that, under s.191 of the Act, the undertakings are taken to be terms of the Agreement. Further, as the Agreement does not contain a flexibility term, the model flexibility term is taken to be a term of the Agreement.

[3] The Australian Municipal, Administrative, Clerical and Services Union (“ASU”) concurs with the content of the undertakings. The ASU has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date is three years thereafter.

COMMISSIONER

Annexure A

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