Australian Council for Educational Research Limited T/A Australian Council for Educational Research

[2016] FWCA 5949

[2016] FWCA 5949

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Council for Educational Research Limited T/A Australian Council for Educational Research
(AG2016/1744)

AUSTRALIAN COUNCIL FOR EDUCATIONAL RESEARCH LIMITED ENTERPRISE AGREEMENT 2015-2019

Educational services
COMMISSIONER LEE	MELBOURNE, 23 AUGUST 2016

Application for approval of the Australian Council for Educational Research Limited Enterprise Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the Australian Council for Educational Research Limited Enterprise Agreement 2015-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian Council for Educational Research Limited T/A Australian Council for Educational Research. 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] The Agreement contained errors at Schedule 1 and Schedule 2 clause 11 in relation to the calculation of the casual loading. Pursuant to Section 586(a) of the Act, the errors are corrected in the published Agreement.

[5] The CPSU, the Community and Public Sector 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 30 August 2016. The nominal expiry date of the Agreement is 8 October 2019.

COMMISSIONER

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Annexure A