Asthma Foundation of South Australia Inc T/A Asthma Foundation SA

[2015] FWCA 8184

[2015] FWCA 8184

FAIR WORK COMMISSION

DECISION

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

Asthma Foundation of South Australia Inc T/A Asthma Foundation SA
(AG2015/6570)

ASTHMA FOUNDATION OF SOUTH AUSTRALIA ENTERPRISE AGREEMENT 2015

Social, community, home care and disability services
COMMISSIONER HAMPTON	ADELAIDE, 27 NOVEMBER 2015

Application for approval of the Asthma Foundation of South Australia Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Asthma Foundation of South Australia Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Asthma Foundation of South Australia Inc T/A Asthma Foundation SA. The Agreement is a single-enterprise agreement.

[2] On 23 November 2015, I conducted a telephone conference of the parties to seek clarification about aspects of the Agreement and consider a related application under s.225 to terminate the previous Agreement, namely the Asthma Foundation of SA 2006 (AC302615).

[3] The employer subsequently provided further clarification of the parties’ intentions and proposed formal written undertakings which are appended to the Agreement as approved.

[4] I have sought the views of the bargaining representatives and accepted the undertakings pursuant to s.190 of the Act. As a result, the undertakings are taken to be a term of the Agreement.

[5] As the Agreement does not contain a consultation term which meets the requirements of s.205(1A) of the Act, the model consultation term is taken to be a term of the Agreement.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 December 2015. The nominal expiry date of the Agreement is 31 July 2019.

[7] I note that pursuant to s.58 of the Act, the now approved enterprise agreement will succeed the expired 2006 agreement. As the succeeded agreement can no longer apply to the parties, it is not necessary to formally terminate that instrument.

COMMISSIONER

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