Architects Registration Board of Victoria

[2021] FWCA 2803

[2021] FWCA 2803

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Architects Registration Board of Victoria
(AG2021/4848)

ARCHITECTS REGISTRATION BOARD OF VICTORIA ENTERPRISE AGREEMENT 2020

State and Territory government administration
COMMISSIONER CIRKOVIC	MELBOURNE, 17 MAY 2021

Application for approval of the Architects Registration Board of Victoria Enterprise Agreement 2020.

[1] Architects Registration Board of Victoria (the Applicant) has made an application for approval of an enterprise agreement known as the Architects Registration Board of Victoria Enterprise Agreement 2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 29 April 2021.

[3] On 29 April 2021, my Chambers contacted 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.

[4] The Applicant has submitted an undertaking in the required form dated 16 May 2021. The undertaking deals with the following topics:

•  Typographical errors in clauses 44.2(b), 49.3, and 70.1 have been amended; and

•  The evidence requirements for employees taking personal and compassionate leave have been amended for consistency with the National Employment Standards (NES).

[5] Pursuant to s.190(4) of the Act, a copy of the undertaking has been provided to the bargaining representative, who confirmed they have been consulted about the undertakings and support their incorporation into the Agreement.

[6] 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.

[7] The “Community and Public Sector Union” (CPSU), 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.

[8] 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.

[9] 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 20 March 2024.

COMMISSIONER

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