Brotherhood of St Laurence

[2018] FWCA 7760

[2018] FWCA 7760

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Brotherhood of St Laurence
(AG2018/3048)

BROTHERHOOD OF ST LAURENCE COMMUNITY SERVICES ENTERPRISE AGREEMENT 2017

Social, community, home care and disability services
DEPUTY PRESIDENT SAUNDERS	SYDNEY, 21 DECEMBER 2018

Application for approval of the Brotherhood of St Laurence Community Services Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Brotherhood of St Laurence Community Services Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Brotherhood of St Laurence. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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] I note the following provisions are, or may be, inconsistent with the National Employment Standards;

•  Clause S 10.1(i) of the agreement which provides annual leave in hours, instead of in weeks.

•  Clause S 10.2 of the agreement which provides personal leave in hours, instead of in days; and

•  Clause S 16.1(a) of the agreement which provides that notice will not be provided where employees abandon their employment, whereas clause S 17 provides a definition of abandonment of employment.

[7] Given the National Employment Standards precedence clause at Clause S.4 of the Agreement, I am satisfied that any more beneficial entitlements from the National Employment Standards will prevail over any provision of the Agreement which is less favourable.

[8] The Australian Municipal, Administrative, Clerical and Services Union 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) I note that the Agreement covers the organisation.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 December 2018. The nominal expiry date of the Agreement is 1 April 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE501173  PR703387>

Annexure A