BAYSA Ltd T/A Barwon Youth

[2014] FWCA 4208

[2014] FWCA 4208

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

BAYSA Ltd T/A Barwon Youth
(AG2014/5843)

BARWON YOUTH ENTERPRISE AGREEMENT 2014

Social, community, home care and disability services
COMMISSIONER JOHNS	MELBOURNE, 25 JUNE 2014

Application for approval of the Barwon Youth Enterprise Agreement 2014.

[1] On 29 April 2014 BAYSA Ltd T/A Barwon Youth (Applicant) made an application for approval of the Barwon Youth Enterprise Agreement 2014 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Applicant has provided a written undertaking. The undertaking clarifies that the relationship between the Agreement, the Social, Community, Home Care and Disability Services Award 2010 and the National Employment Standards. A copy of the undertaking is attached as Attachment A. The Fair Work Commission (the Commission) is satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. In any case, the Australian Municipal, Administrative, Clerical and Services Union (ASU) has indicated its acceptance of the undertakings.

[4] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[5] The ASU, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants to be covered by the Agreement. In accordance with s 201(2), the Commission notes that the Agreement covers this organisation.

[6] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 2 July 2014. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Attachment A:

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