Community Vision Australia Limited T/A Community Vision
[2023] FWCA 2025
•4 JULY 2023
| [2023] FWCA 2025 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Community Vision Australia Limited T/A Community Vision
(AG2023/1995)
APPLICATION FOR APPROVAL OF THE COMMUNITY VISION AUSTRALIA DISABILITY AND AGED CARE AGREEMENT 2023
| Social, community, home care and disability services | |
| COMMISSIONER JOHNS | MELBOURNE, 4 JULY 2023 |
Application for approval of the Community Vision Australia Disability and Aged Care Agreement 2023
An application has been made for approval of an enterprise agreement known as the COMMUNITY VISION AUSTRALIA DISABILITY AND AGED CARE AGREEMENT 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Community Vision Australia Limited T/A Community Vision. The Agreement is a single enterprise agreement.
An assessment of the Agreement has identified that several clauses may be inconsistent with the National Employment Standards (NES). In particular,
a)Clause 10.8(d) (public holidays); and
b)Clause 15.4 (withholding of NES monies on termination).
At clause 2.2 of the Agreement there is a clause that gives precedence to the NES over the Agreement to the extent the Agreement contains less favourable terms. Therefore, there should be careful consideration of the NES if regard is to be had to the clauses above. Noting the NES precedence clause, to the extent that any clause in the Agreement is inconsistent with the NES, it is not an impediment to the approval of the Agreement.
I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.
Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
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) of the Act, I note that the Agreement covers the organisation.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 July 2023. The nominal expiry date of the Agreement is 3 July 2026.
COMMISSIONER
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