Alcohol and Drug Foundation Inc. T/A Alcohol and Drug Foundation
[2020] FWCA 749
•12 FEBRUARY 2020
| [2020] FWCA 749 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Alcohol and Drug Foundation Inc. T/A Alcohol and Drug Foundation
(AG2019/4824)
ALCOHOL AND DRUG FOUNDATION ENTERPRISE AGREEMENT 2019
Social, community, home care and disability services | |
COMMISSIONER LEE | MELBOURNE, 12 FEBRUARY 2020 |
Application for approval of the Alcohol and Drug Foundation Enterprise Agreement 2019.
[1] An application has been made for approval of an enterprise agreement known as the Alcohol and Drug Foundation Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Alcohol and Drug Foundation Inc. T/A Alcohol and Drug Foundation. The Agreement is a single enterprise agreement.
[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.
[3] Subject to the undertakings referred to above, 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] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):
• Clause 17 - Termination of employment
• Clause 35 - Parental leave
However, noting clause 8 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 February 2020. The nominal expiry date of the Agreement is 15 December 2023.
COMMISSIONER
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Annexure A
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