Berry Street Victoria Incorporated

[2020] FWCA 3838

[2020] FWCA 3838

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Berry Street Victoria Incorporated
(AG2020/1655)

BERRY STREET ENTERPRISE AGREEMENT 2020

Social, community, home care and disability services
DEPUTY PRESIDENT CLANCY	MELBOURNE, 22 JULY 2020

Application for approval of the Berry Street Enterprise Agreement 2020.

[1] An application has been made for the approval of an enterprise agreement known as the Berry Street Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Berry Street Victoria Incorporated. The Agreement is a single enterprise agreement.

[2] The Agreement does not cover all of the employees of Berry Street Victoria Incorporated, however, taking into account the factors in s.186(3) and s.186(3A) I am satisfied that the group of employees was fairly chosen.

[3] I observe that certain provisions within the Agreement (Clause 47.2 pertaining to accrual of personal/carer’s leave and Clause 47.5 pertaining to notice and evidence requirements for the taking of compassionate leave) appear to be inconsistent with the National Employment Standards (NES). However, noting Clause 7 of the Agreement, I am satisfied the more favourable entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] Berry Street Victoria Incorporated has provided written undertakings. A copy of the undertakings is attached in Annexure A. I sought the views of the bargaining representatives and 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 a substantial change to the Agreement. The undertakings are taken to be terms of the Agreement.

[5] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[6] The Australian Municipal, Administrative, Clerical and Services Union (ASU), Independent Education Union of Australia (IEU) and the Health Services Union of Australia (HSU), being bargaining representatives for the Agreement, have given notice under s. 183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) and based on the statutory declaration provided by the ASU, IEU and HSU, I note that the Agreement covers them.

[7] The Agreement is approved and, in accordance with s.54, will operate from 29 July 2020. The nominal expiry date of the Agreement is 31 May 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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Annexure A