Community Legal Centres NSW Incorporated

[2014] FWCA 7758

[2014] FWCA 7758

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Community Legal Centres NSW Incorporated
(AG2014/8695)

COMMUNITY LEGAL CENTRES NSW INC. (CLCNSW) ENTERPRISE AGREEMENT.

Social, community, home care and disability services
DEPUTY PRESIDENT BOOTH	SYDNEY, 30 OCTOBER 2014

Application for approval of the Community Legal Centres NSW Inc. (CLCNSW) Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Community Legal Centres NSW Inc. (CLCNSW) Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Community Legal Centres NSW Incorporated. The agreement is a single-enterprise agreement.

[2] The Agreement does contain a consultation term, however, it is not a consultation term which complies with s.205(1) of the Act. I note that the model consultation term is taken, pursuant to s.205(2) of the Act, to be a term of the Agreement. A copy of the model consultation term is attached to this decision.

[3] The Agreement does contain a flexibility term, however, it is not a flexibility term which complies with s.203(2) of the Act. I note that the model flexibility term is taken, pursuant to s.202(4) of the Act, to be a term of the Agreement. A copy of the model flexibility term is attached to this decision.

[4] The Australian Services Union of New South Wales, 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) of the Act, I note that the Agreement covers the organisation.

[5] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 November 2014. The nominal expiry date of the Agreement is 6 November 2017.

DEPUTY PRESIDENT

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