Amnesty International Australia

[2018] FWCA 7746

[2018] FWCA 7746

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Amnesty International Australia
(AG2018/3677)

AMNESTY INTERNATIONAL AUSTRALIA EMPLOYMENT AGREEMENT 2018

Social, community, home care and disability services
DEPUTY PRESIDENT SAUNDERS	SYDNEY, 21 DECEMBER 2018

Application for approval of the Amnesty International Australia Employment Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Amnesty International Australia Employment Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Amnesty International Australia. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (the 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.

[3] 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.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[6] The Applicant contends that the Agreement lodged contained an error at clause 10.1.5(a). This clause of the Agreement states that that the employee, or employer, may terminate an individual flexibility arrangement by giving written notice of 28 days. Section 203(6)(a) of the Act provides that a flexibility arrangement may be terminated by either the employee, or the employer, giving written notice of not more than 28 days. The Applicant submits that this was a drafting error, and a correction should be made pursuant to s.586 of the Act.
[7] On 20 December 2018, the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act. In all the circumstances and having regard to the material filed and submissions made by interested persons in relation to this issue, I am satisfied that the correction should be made to amend clause 10.1.5(a) by inserting the words ‘not more than’ before the words ‘28 days’ notice’.

[8] 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) of the Act I note that the Agreement covers the organisation.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 December 2018. The nominal expiry date of the Agreement is 30 September 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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Annexure A