Community Housing Canberra Ltd T/A CHC Affordable Housing

[2021] FWCA 7223

[2021] FWCA 7223

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Community Housing Canberra Ltd T/A CHC Affordable Housing
(AG2021/8661)

CHC ENTERPRISE AGREEMENT 2021-2025

Clerical industry
COMMISSIONER MATHESON	SYDNEY, 21 DECEMBER 2021

Application for approval of the CHC Enterprise Agreement 2021-2025.

[1] An application has been made for approval of an enterprise agreement known as the CHC Enterprise Agreement 2021-2025 (Agreement). The application was made by Community Housing Canberra Ltd T/A CHC Affordable Housing (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

[2] Noting clause 3 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[3] The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A of this decision (Undertakings). The views of each person I know is a bargaining representative were sought in relation to the Undertakings and no objections were raised. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[4] Pursuant to s.190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, and on the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to the application for approval of the Agreement have been met.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 December 2021. The nominal expiry date of the Agreement is 20 December 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE514383 PR736976>

Annexure A