Anangu Pitjantjatjara Yankunytjatjara

[2020] FWCA 1769

[2020] FWCA 1769

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Anangu Pitjantjatjara Yankunytjatjara
(AG2019/4956)

ANANGU PITJANTJATJARA YANKUNYTJATJARA ENTERPRISE AGREEMENT 2019

Social, community, home care and disability services
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 2 APRIL 2020

Application for approval of the Anangu Pitjantjatjara Yankunytjatjara Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Anangu Pitjantjatjara Yankunytjatjara 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 Anangu Pitjantjatjara Yankunytjatjara. 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. Pursuant to s.201(3), 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] The Agreement lodged contained an error at page 3. On 13 March 2020, the Applicant filed an amended version of the Agreement correcting this error. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] 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) I note that the Agreement covers the organisation.

[6] The Agreement was approved on 2 April 2020 and, in accordance with s.54, will operate from 9 April 2020. The nominal expiry date of the Agreement is 1 April 2024.

COMMISSIONER

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Annexure A