Central Tablelands and Blue Mountains Community Legal Centre Inc

[2021] FWCA 679

[2021] FWCA 679

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Central Tablelands and Blue Mountains Community Legal Centre Inc
(AG2020/3991)

CENTRAL TABLELANDS AND BLUE MOUNTAINS COMMUNITY LEGAL CENTRE ENTERPRISE AGREEMENT 2020-2022

Social, community, home care and disability services
COMMISSIONER LEE	MELBOURNE, 10 FEBRUARY 2021

Application for approval of the Central Tablelands and Blue Mountains Community Legal Centre Enterprise Agreement 2020-2022.

[1] 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.

[2] 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.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] 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.

[5] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

● Clause 35.5 and 35.7 – Personal/Carer’s Leave; and

● Clause 42 – Compassionate Leave.

However, noting clause 34.3 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[1] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 February 2021. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE510364  PR726830>

Annexure A