Arts Project Australia Inc. T/A Arts Project Australia

[2018] FWCA 3809

[2018] FWCA 3809

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Arts Project Australia Inc. T/A Arts Project Australia
(AG2017/6394)

ARTS PROJECT AUSTRALIA ENTERPRISE BARGAINING AGREEMENT 2017-2020

Social, community, home care and disability services
COMMISSIONER SAUNDERS	NEWCASTLE, 27 JUNE 2018

Application for approval of the Arts Project Australia Enterprise Bargaining Agreement 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as the Arts Project Australia Enterprise Bargaining Agreement 2017-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Arts Project Australia Inc. T/A Arts Project 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 July 2018. The nominal expiry date of the Agreement is 26 June 2021.

COMMISSIONER

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ANNEXURE A