Autism Association of South Australia T/A Autism SA

[2020] FWCA 2307

[2020] FWCA 2307

FAIR WORK COMMISSION

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

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