Council On The Ageing (Vic) Inc T/A COTA Victoria

[2021] FWCA 2651

[2021] FWCA 2651

FAIR WORK COMMISSION

DECISION

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

Council On The Ageing (Vic) Inc T/A COTA Victoria
(AG2021/4615)

COUNCIL ON THE AGEING (VICTORIA) AGREEMENT 2021

Social, community, home care and disability services
COMMISSIONER CIRKOVIC	MELBOURNE, 12 MAY 2021

Application for approval of the Council on the Ageing (Victoria) Agreement 2021.

[1] Council On The Ageing (Vic) Inc T/A COTA Victoria (the Applicant) has made an application for approval of an enterprise agreement known as the Council on the Ageing (Victoria) Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 15 April 2021.

[3] On 23 April 2021, my Chambers contacted the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 10 May 2021. The undertaking provides an amended version of Clause 24.2, which deals with permissible deductions of wages where an employee does not give notice of termination in compliance with the Agreement.

[5] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives that responded, supported the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] 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 this organisation.

[8] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 31 December 2023.

COMMISSIONER

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