Victorian Hospitals’ Industrial Association
[2022] FWCA 4541
•21 DECEMBER 2022
| [2022] FWCA 4541 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Victorian Hospitals’ Industrial Association
(AG2022/4909)
Western Region Centre Against Sexual Assault Inc (WestCASA) Employees Enterprise Agreement 2022-2026
| Social, community, home care and disability services | |
| DEPUTY PRESIDENT GOSTENCNIK | MELBOURNE, 21 DECEMBER 2022 |
Application for approval of the Western Region Centre Against Sexual Assault Inc (WestCASA) Employees Enterprise Agreement 2022-2026
The Victorian Hospitals’ Industrial Association, in its capacity as the employer bargaining representative, has applied under s.185 of the Fair Work Act 2009 (Act) for the approval of a single enterprise agreement titled the “Western Region Centre Against Sexual Assault Inc (WestCASA) Employees Enterprise Agreement 2022-2026” (Agreement).
Western Region Centre Against Sexual Assault Inc, the employer covered by the Agreement has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings meet the concerns raised that the Agreement did not meet some of the approved requirements, and will not cause financial detriment to any employee covered by the Agreement nor result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.
The Health Services Union, 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.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 December 2022. The nominal expiry date of the Agreement is 31 May 2026.
DEPUTY PRESIDENT
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Annexure A
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