Australian Federation of AIDS Organisations

[2020] FWCA 4771

[2020] FWCA 4771

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Federation of AIDS Organisations
(AG2020/2254)

AUSTRALIAN FEDERATION OF AIDS ORGANISATIONS ENTERPRISE AGREEMENT 2020

Social, community, home care and disability services
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 14 SEPTEMBER 2020

Application for approval of the Australian Federation of AIDS Organisations Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Australian Federation of AIDS Organisations Enterprise Agreement 2020 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Australian Federation of AIDS Organisations (Employer). The Agreement is a single-enterprise agreement.

[2] During the access period for the Agreement, relevant employees were not given a copy of or ready access to the Social, Community, Home Care and Disability Services Industry Award 2010 (Award) as required by s.180(2) of the Act. However, relevant employees were advised that a copy of the Award was available upon request. Further, the Agreement is a rollover and all relevant employees were involved in the agreement making process as bargaining representatives. In the circumstances, I am satisfied that:

(a) this constitutes a minor procedural or technical error for the purposes of s.188(2)(a); and
(b) the employees to be covered by the Agreement were not likely to have been disadvantaged by the error. 1

[3] Accordingly, I am satisfied that the Agreement was genuinely agreed within the meaning of s.188(2) of the Act.

[4] The Employer 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.

[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. The undertakings are 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 21 September 2020. The nominal expiry date of the Agreement is 31 January 2023.

DEPUTY PRESIDENT

Annexure A

 1  Huntsman Chemical Company Australia Pty Limited t/a RMAX Rigid Cellular Plastics and Others [2019] FWCFB 318

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