Guide Dogs Association of SA & NT Inc

[2016] FWCA 8300

[2016] FWCA 8300

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Guide Dogs Association of SA & NT Inc
(AG2016/5279)

GUIDE DOGS ASSOCIATION OF SA/NT INC ENTERPRISE AGREEMENT 2016-2019

Clerical industry
COMMISSIONER GREGORY	MELBOURNE, 18 NOVEMBER 2016

Application for approval of the Guide Dogs Association of SA/NT Inc Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Guide Dogs Association of SA/NT Inc Enterprise Agreement 2016–2019 (the Agreement). The application is made under s.185 of the Fair Work Act 2009 (the Act) by the Guide Dogs Association of South Australia and Northern Territory Inc. The Agreement is a single enterprise agreement.

[2] After reviewing the application, and the terms and conditions contained in the Agreement, the Commission sought clarification about various matters. The Applicant has, in response, provided certain written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement, or result in substantial changes to the Agreement.

[3] In addition, the flexibility term contained in clause 41 of the Agreement does not comply with the requirements of s.203(7) of the Act in that it does not require the employer to ensure that a copy of any individual flexibility agreement that has been agreed to, be given to the employee within 14 days. Therefore, in accordance with s.202(4) of the Act the model flexibility term set out in Schedule 2.2 of the Fair Work Regulations 2009 is taken to be a term of the Agreement.

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

[5] The Community and Public Sector 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) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 November 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

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Annexure A