Yooralla
[2023] FWCA 369
•7 FEBRUARY 2023
| [2023] FWCA 369 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Yooralla
(AG2022/5433)
YOORALLA THERAPISTS, SPECIALIST BEHAVIOUR SUPPORT PRACTITIONERS, NURSES, TEACHERS, AND ADDITIONAL KINDERGARTEN ASSISTANTS AGREEMENT 2022
| Health and welfare services | |
| DEPUTY PRESIDENT SAUNDERS | NEWCASTLE, 7 FEBRUARY 2023 |
Application for approval of the Yooralla Therapists, Specialist Behaviour Support Practitioners, Nurses, Teachers, and Additional Kindergarten Assistants Agreement 2022
An application has been made for approval of an enterprise agreement known as the Yooralla Therapists, Specialist Behaviour Support Practitioners, Nurses, Teachers, and Additional Kindergarten Assistants Agreement 2022 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.
The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:
(a) cause financial detriment to any employee covered by the Agreement; or
(b) result in substantial changes to the Agreement.
The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.
Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.
Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.
The Australian Education Union, the Australian Nursing and Midwifery Federation, and the Health Services Union, each being a bargaining representative for the Agreement, have given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers each organisation.
The Agreement is approved and, in accordance with section 54 of the Act, will operate from 14 February 2023. The nominal expiry date of the Agreement is 31 March 2026.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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Annexure A
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