Barwon Coast Committee of Management Inc T/A Barwon Coast Committee of Management

[2022] FWC 1155

[2022] FWC 1155

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Barwon Coast Committee of Management Inc T/A Barwon Coast Committee of Management

(AG2022/1369)

Barwon Coast Committee of Management Enterprise Agreement 2022

Tourism industry
COMMISSIONER CIRKOVIC	MELBOURNE, 13 MAY 2022

Application for approval of the Barwon Coast Committee of Management Enterprise Agreement 2022

1. Barwon Coast Committee of Management Inc T/A Barwon Coast Committee of Management (the Applicant) has made an application for approval of an enterprise agreement known as the Barwon Coast Committee of Management Enterprise Agreement 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

1. The matter was allocated to my Chambers on 10 May 2022.

1. On 10 May 2022, my Chambers sent correspondence to the parties seeking to address concerns with certain aspects of the Agreement and invited the parties to address these matters. The concerns were as follows:

·  The Agreement did not contain a definition of shift worker for the purposes of the National Employment Standards (NES).

·  Clause 9.1.2 relating to annual leave expresses the entitlement to annual leave in hours rather than weeks in accordance with s.87(1) of the Act. I note the agreement contains an effective National Employment Standards (NES) precedence term at clause 1.4.3 of the Agreement that is deemed sufficient to resolve the above NES concern.

1. The Applicant has submitted an undertaking in the required form dated 11 May 2022 The undertaking deals with the following topic:

   ·  The Applicant provided a definition of a shift worker for the purposes of the National Employment Standards (NES).

1. A copy of the undertaking has been provided to the bargaining representative and I have sought its view in accordance with s.190(4) of the Act. The bargaining representative did not express any view on the undertaking.

1. 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.

1. The Australian Workers’ Union (AWU), 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) of the Act I note that the Agreement covers this organisation.

1. 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.

1. 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 31 December 2025.

COMMISSIONER

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