DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Autism Association of South Australia T/A Autism SA
(AG2020/1036)

ASA EA 2020

Social, community, home care and disability services
COMMISSIONER PLATT	ADELAIDE, 4 MAY 2020

Application for approval of the ASA EA 2020.

[1] An application has been made for approval of an enterprise agreement known as the ASA EA 2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Autism Association of South Australia T/A Autism SA (the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 23 April 2020.

[3] On 28 April 2020, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 29 April 2020. The undertaking deals with the following topics:

• In relation to clause 7.6 of the Agreement, the Applicant will ensure that a copy of any individual flexibility arrangement agreed to under clause 7 of the Agreement is given to the employee within 14 days after the arrangement is agreed to.

• In relation to taking carer’s leave under clause 28.4 of the Agreement, it is not a requirement that the employee be responsible for the care and support of the person who is the subject of any carer’s leave taken by the employee.

• From the date the Agreement was made, being 26 March 2020, the Applicant has and will pay employees no less than the rates set out in Column A of the table in S.1.2 of Schedule I.

• In relation to clause 21 of the Agreement, Health Professional casual employees whose ordinary hours include work on Saturdays, will be paid time and three quarters which includes casual loading.

[5] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives that responded, supported the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] The Australian Municipal, Administrative, Clerical and Services Union (ASU) and the Health Services Union (HSU), being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. The signature on the form F18 statutory declaration provided by the ASU was not properly witnessed. In accordance with rule 6 of the Fair Work Commission Rules 2013 (the Rules), and with the Statement issued by the Fair Work Commission on 31 March 2020 relating to the COVID-19 response, I consider it appropriate to dispense with the Rules and accept the signed declaration. In accordance with s.201(2) of the Act I note that the Agreement covers these organisations.

[8] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 3 May 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Autism Association of South Australia T/A Autism SA applied to the Administrative Appeals Tribunal for approval of the Autism Spectrum Australia (ASA) Education Assistance 2020 (ASA EA 2020). The application was made under the Charities Act 2002 (SA). The respondents opposed the application, claiming the association failed to demonstrate that the proposed activity would benefit the community and that the proposed activity would not exceed the scope of the association's charitable purposes.

The Tribunal had to decide whether the association had demonstrated that the proposed activity would benefit the community and whether the activity would not exceed the charitable purposes of the association. The Tribunal examined the evidence and submissions from both parties. The association argued that the proposed activity would provide significant benefits to the community by offering educational assistance to individuals with autism and their families. The association submitted that the activity was within the scope of its charitable purposes, which included the provision of educational assistance to those affected by autism.

The Tribunal found that the association had demonstrated that the proposed activity would benefit the community by providing educational assistance to individuals with autism and their families. The Tribunal also found that the proposed activity was within the scope of the association's charitable purposes. The Tribunal approved the ASA EA 2020. The association was ordered to pay the costs of the application.

Autism Association of South Australia T/A Autism SA

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established