Cancer Council of Tasmania Inc. T/A Cancer Council of Tasmania

[2021] FWCA 2139

[2021] FWCA 2139

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cancer Council of Tasmania Inc. T/A Cancer Council of Tasmania
(AG2021/4391)

CANCER COUNCIL TASMANIA ENTERPRISE AGREEMENT 2021 TO 2025.

Social, community, home care and disability services
DEPUTY PRESIDENT MASSON	MELBOURNE, 19 APRIL 2021

Application for approval of the Cancer Council Tasmania Enterprise Agreement 2021 to 2025.

[1] An application has been made for approval of an enterprise agreement known as the Cancer Council Tasmania Enterprise Agreement 2021 to 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Cancer Council of Tasmania Inc. T/A Cancer Council of Tasmania. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I 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 substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, 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.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] I note that several clauses of the Agreement may be inconsistent with the National Employment Standards. The Applicant has provided a National Employment Standards precedence clause as part of their written undertakings. I am consequently satisfied that the more beneficial entitlements of the NES will prevail.

[6] 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 April 2021. The nominal expiry date of the Agreement is 30 March 2025.

DEPUTY PRESIDENT

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Annexure A