Human Rights Law Centre

[2021] FWCA 6328

[2021] FWCA 6328

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Human Rights Law Centre
(AG2021/7527)

HUMAN RIGHTS LAW CENTRE ENTERPRISE AGREEMENT 2021

Social, community, home care and disability services
DEPUTY PRESIDENT MANSINI	MELBOURNE, 19 OCTOBER 2021

Application for approval of the Human Rights Law Centre Enterprise Agreement 2021.

[1] Application has been made for approval of a single enterprise agreement known as the Human Rights Law Centre Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission inquired about whether the pre-approval requirements were met and whether the Agreement passes the “better off overall” test. Further information was provided in relation to these matters.

[3] The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive an irregularity in the form or manner in which an application was made, and do so pursuant to s.586(b).

[4] Noting clause 5.2 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards in the Act (NES) will prevail where there is an inconsistency between the Agreement and the NES.

[5] On the basis of the material contained in the application and related materials, 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.

[6] The Australian Municipal, Administrative, Clerical and Services Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act. In accordance with s.201(2), I note that the Agreement covers this organisation.

[7] The Agreement was approved on 19 October 2021 and, in accordance with s.54, will operate from 26 October 2021. The nominal expiry date of the Agreement is 26 October 2024.

DEPUTY PRESIDENT

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