ComLink Limited
[2019] FWCA 4349
•21 JUNE 2019
| [2019] FWCA 4349 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
ComLink Limited
(AG2019/1594)
COMLINK LIMITED ENTERPRISE AGREEMENT 2019
Social, community, home care and disability services | |
DEPUTY PRESIDENT MASSON | MELBOURNE, 21 JUNE 2019 |
Application for approval of the ComLink Limited Enterprise Agreement 2019.
[1] An application has been made for approval of an enterprise agreement known as the ComLink Limited Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by ComLink Limited. 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.
[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] I note that Clause 4.6.6 is inconsistent with the National Employment Standards as it provides for abandonment of termination without notice. Given the National Employment Standards precedence clause at clause 2.6 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.
[5] The Australian Workers’ Union (AWU), Transport Workers’ Union (TWU) and the Australian Nursing and Midwifery Federation (ANMF) being bargaining representatives for the Agreement, have 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 organisations.
[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 June 2019. The nominal expiry date of the Agreement is 31 December 2021.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE504075 PR709612>
Annexure A
0
0
0