inTouch Multicultural Centre Against Family Violence T/As inTouch

[2020] FWCA 1348

[2020] FWCA 1348

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

inTouch Multicultural Centre Against Family Violence T/As inTouch
(AG2020/206)

IN TOUCH MULTICULTURAL CENTRE AGAINST FAMILY VIOLENCE LTD ENTERPRISE AGREEMENT 2020

Social, community, home care and disability services
COMMISSIONER YILMAZ	MELBOURNE, 13 MARCH 2020

Application for approval of the inTouch Multicultural Centre Against Family Violence Ltd Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the inTouch Multicultural Centre Against Family Violence Ltd Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by inTouch Multicultural Centre Against Family Violence T/As inTouch. The Agreement is a single enterprise agreement.

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

[3] I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 5 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] 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.

[5] 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) I note that the Agreement covers the organisation.

[6] The Agreement is approved and in accordance with s.54, will operate from 20 March 2020. The nominal expiry date of the Agreement is 12 March 2023.

COMMISSIONER

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