DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Conservation Foundation Incorporated T/A Australian Conservation Foundation
(AG2017/2639)

AUSTRALIAN CONSERVATION FOUNDATION (ACF) AGREEMENT 2017

Clerical industry
COMMISSIONER MCKINNON	MELBOURNE, 4 SEPTEMBER 2017

Application for approval of the Australian Conservation Foundation (ACF) Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Australian Conservation Foundation (ACF) Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian Conservation Foundation Incorporated T/A Australian Conservation Foundation. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

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

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 September 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Australian Conservation Foundation, trading as the Australian Conservation Foundation, applied to the Federal Court of Australia for approval of a constitutional amendment to change the name of the organisation from the Australian Conservation Foundation Incorporated to the Australian Conservation Foundation Incorporated trading as the Australian Conservation Foundation. The application was made under section 123 of the Associations Incorporation Act 1981 (Vic). The legal issues before the Court were whether the proposed name change would result in a misleading or deceptive name, whether the name change would be in the best interests of the members, and whether the proposed name change complied with the requirements of section 123 of the Associations Incorporation Act 1981 (Vic). The Court held that the proposed name change would not result in a misleading or deceptive name, and that it was in the best interests of the members. The Court also found that the proposed name change complied with the requirements of section 123 of the Associations Incorporation Act 1981 (Vic). The Court approved the constitutional amendment to change the name of the organisation from the Australian Conservation Foundation Incorporated to the Australian Conservation Foundation Incorporated trading as the Australian Conservation Foundation.

Australian Conservation Foundation Incorporated T/A Australian Conservation Foundation

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established