[2013] FWCA 8613 |
FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Women’s Health Victoria Incorporated
(AG2013/9476)
WOMEN’S HEALTH VICTORIA INC. ENTERPRISE AGREEMENT 2013
Social, community, home care and disability services | |
DEPUTY PRESIDENT HAMILTON | MELBOURNE, 31 OCTOBER 2013 |
Application for approval of the Women’s Health Victoria Inc. Enterprise Agreement 2013.
[1] An application has been made for approval of an enterprise agreement known as the Women’s Health Victoria Inc. Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Women’s Health Victoria Incorporated. The agreement is a single enterprise agreement.
[2] I have accepted the undertaking attached to this decision which has been given by the employer.
[3] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.
[4] The Agreement is approved and, in accordance with s.54, will operate from 7 November 2013. The nominal expiry date of the Agreement is 7 November 2016.
[5] The Australian Municipal, Administrative, Clerical and 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.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<Price code J, AE405128 PR544059>
Women’s Health Victoria Reg. No A0029795W ABN 33365284944
Level 8, 255 Bourke Street, Melbourne VIC Australia 3000
T (03) 9664 9300 F (03) 9663 7955 E whv@whv.org.au W Postal Address GPO Box 1160, Melbourne VIC Australia 3001
UNDERTAKING – Women’s Health Victoria Inc Enterprise Agreement 2013
I, Rita Butera of Level 8, 255 Bourke Street, Melbourne in the State of Victoria, Executive Officer, say as follows:
1. I am the Executive Officer of Women’s Health Victoria (WHV).
2. I provide this undertaking pursuant to subsection 190(3) of the Fair Work Act 2009 in relation to an error that appears within the agreement in Appendix B – Wages.
3. The specific error is in regards to the Level 2 classification for the 3rd year increase (2015). The proposed agreement provided to employees read 53,465 however should have read 59,465.
4. WHV will read the incorrect figure of 53,465 within the agreement as 59,465.
5. This undertaking is necessary to properly reflect the intention of the bargaining that occurred and the wage offer of 2.5% from WHV to all employees. The undertaking does not result in a reduction in entitlement.
6. This undertaking will form part of the enterprise agreement.
Rita Butera
22 October 2013
- AGLC
- Women’s Health Victoria Incorporated [2013] FWCA 8613
- Case
- [2013] FWCA 8613
- Decision Date
CaseChat Overview and Summary
The Commission found that the application for approval was made in accordance with the requirements of the Fair Work Act, and that the process for achieving genuine agreement was followed correctly. It was determined that the agreement met the necessary procedural criteria and that there was genuine agreement among the parties. Furthermore, the Commission was satisfied that the terms of the agreement were fair and balanced, taking into account the interests of both the employees and the employer. The agreement was found to comply with the provisions of the Fair Work Act, and thus, the Commission approved the Women’s Health Victoria Inc. Enterprise Agreement 2013. The approval was granted on the condition that the agreement would be in effect for a period of four years, with provisions for further negotiations and amendments as required.
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