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

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the Central Tablelands and Blue Mountains Community Legal Centre Inc sought approval of their Enterprise Agreement for the period 2020-2022. The dispute involved the validity of certain clauses within the proposed agreement, particularly those relating to employee classifications and remuneration. The Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The central legal issue before the Commission was whether the proposed Enterprise Agreement adequately met the criteria for approval, specifically focusing on whether the classification of employees and their corresponding pay rates complied with the provisions of the Fair Work Act. The applicant argued that the agreement was fair and reasonable, while the respondents raised concerns about the accuracy of employee classifications and the fairness of the remuneration proposed.

The Commission carefully examined the proposed agreement, considering the statutory requirements and the principles of procedural and substantive fairness. It found that the classification of employees was largely consistent with industry standards and that the remuneration offered was fair and reasonable. The Commission also noted the applicant's commitment to ensuring that employees were properly classified and paid. Consequently, the Commission approved the agreement, finding that it met the necessary criteria for endorsement under the Fair Work Act.

The Commission approved the Enterprise Agreement and directed that it be registered with the Fair Work Commission. This decision ensures that the agreement will now govern the employment terms and conditions of the employees within the organisation for the specified period.

Central Tablelands and Blue Mountains Community Legal Centre Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established