Conservation Council of South Australia Incorporated T/A Conservation SA

[2015] FWCA 2033

[2015] FWCA 2033

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Conservation Council of South Australia Incorporated T/A Conservation SA
(AG2015/2158)

CONSERVATION COUNCIL OF SOUTH AUSTRALIA (CCSA) ENTERPRISE AGREEMENT 2015

Social, community, home care and disability services
COMMISSIONER HAMPTON	ADELAIDE, 26 MARCH 2015

Application for approval of the Conservation Council of South Australia (CCSA) Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Conservation Council of South Australia (CCSA) Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Conservation Council of South Australia Incorporated T/A Conservation SA. The Agreement is a single-enterprise agreement.

[2] As the Agreement does not contain a flexibility term which meets the requirements of s.203 of the Act, the model flexibility term is taken to be a term of the Agreement.

[3] 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.

[4] In doing so, I have considered the appropriate modern award for the purposes of the Better Off Overall Test of s.193 of the Act (the BOOT) and related approval requirements. I consider that the Clerks - Private Sector Award 2010 may be relevant for some of the employees covered by the Agreement and I am satisfied that even if this is so, the Agreement meets the BOOT and all other approval requirements.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 April 2015. The nominal expiry date of the Agreement is 25 March 2018.

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