Witmore Enterprises Inc.

[2014] FWCA 5753

[2014] FWCA 5753

FAIR WORK COMMISSION

DECISION

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

Witmore Enterprises Inc.
(AG2014/6522)

WITMORE ENTERPRISES INC. (SUPPORTED EMPLOYEES) WORKPLACE AGREEMENT 2014

Health and welfare services
DEPUTY PRESIDENT BOOTH	SYDNEY, 22 AUGUST 2014

Witmore Enterprises Inc. (Supported Employees) Workplace Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Witmore Enterprises Inc. (Supported Employees) Workplace Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Witmore Enterprises Inc. The agreement is a single-enterprise agreement.

[2] The Agreement does contain a consultation term, however, it is not a consultation term which complies with s.205(1) of the Act. I note that the model consultation term is taken, pursuant to s.205(2) of the Act, to be a term of the Agreement. A copy of the model consultation term is attached to this decision.

[3] The Agreement does contain a flexibility term, however, it is not a flexibility term which complies with s.203(2) of the Act. I note that the model flexibility term is taken, pursuant to s.202(4) of the Act, to be a term of the Agreement. A copy of the model Flexibility term is attached to this decision.

[4] An undertaking has been provided by Mr Phil Amos, representative for the Applicant. The written undertaking concerning clauses 1.5, 1.7, 2.2, 5.1, 5.6, 7.4, 9.1 and Schedule “A” will be taken to be terms of the Agreement pursuant to s.191 of the Act. A copy of the undertaking is attached to this decision.

[5] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 August 2014. The nominal expiry date of the Agreement is 31 December 2017.

DEPUTY PRESIDENT

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Schedule A