CARA Inc T/A Community Accommodation and Respite Agency Inc

Case •

[2022] FWCA 2309

•

11 JULY 2022
[2022] FWCA 2309

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

CARA Inc T/A Community Accommodation and Respite Agency Inc

(AG2022/1836)

Cara Support Employees Enterprise Agreement 2022

Social, community, home care and disability services

DEPUTY PRESIDENT EASTON

SYDNEY, 11 JULY 2022

Application for approval of the Cara Support Employees Enterprise Agreement 2022.

  1. CARA Inc T/A Community Accommodation and Respite Agency Inc (the Employer) has made an application for the approval of the Cara Support Employees Enterprise Agreement 2022 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

  1. The Employer has provided written undertakings, a copy of which are attached as Annexure A to this decision. The undertakings can be accepted under s.190 of the Act because I am satisfied that they will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement pursuant to s.191 of the Act.

  1. Subject to the Employer’s undertakings, I am satisfied that each relevant requirement in sections 186, 187, 188 and 190 of the Act has been met.

  1. I note that the following clauses are potentially inconsistent with the National Employment Standards (NES):

    • Clause 7.1.2 – Annual Leave
    • Clause 7.2.4 – Public Holidays
    • Clause 7.4.5 – Personal Leave
    • Clause 7.4.6(b) – Carer’s Leave

  1. Noting the undertaking provided by the Employer, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

  1. The Australian Municipal, Administrative, Clerical and Services Union (ASU) and United Workers’ Union (UWU) were bargaining representatives for the Agreement and has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the ASU and UWU.

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 July 2022. The nominal expiry date of the Agreement is 1 February 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE516621 PR743656>

Annexure A

Actions
Download as PDF Download as Word Document
Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

0