Aboriginal Family Support Services Limited

[2022] FWCA 2055

[2022] FWCA 2055

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Aboriginal Family Support Services Limited

(AG2022/1803)

Aboriginal Family Support Services Enterprise Agreement 2021

Social, community, home care and disability services
COMMISSIONER PLATT	ADELAIDE, 22 JUNE 2022

Application for approval of the Aboriginal Family Support Services Enterprise Agreement 2021

1. An application has been made for approval of an enterprise agreement known as the Aboriginal Family Support Services Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Aboriginal Family Support Services Limited (the Applicant). The agreement is a single enterprise agreement.

1. The matter was allocated to my Chambers on 14 June 2022.

1. On 17 June 2022, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

1. The Agreement was made on 23 May 2022 and was lodged on 7 June 2022. As such, the Agreement was not lodged within 14 days after it was made. Pursuant to s.185(3)(b) of the Act I consider it fair to extend the time for making this application, by one day, to 7 June 2022.

1. The Applicant has submitted an undertaking in the required form dated 22 June 2022. The undertaking given by the Applicant is that all employees covered by the Agreement will receive rates of pay of no less than $0.01 per hour more than what they would be entitled to receive under the Social, Community, Home Care and Disability Services Industry Award 2010.

1. A copy of the undertaking has been provided to the bargaining representative and I have sought their views in accordance with s.190(4) of the Act. The bargaining representative supported the undertaking.

1. The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

1. The Australian Municipal, Administrative, Clerical and Services Union (ASU), 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) of the Act I note that the Agreement covers this organisation.

1. 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.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 21 June 2025.

COMMISSIONER

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