Kalano Community Association Inc

[2021] FWCA 1969

[2021] FWCA 1969

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kalano Community Association Inc
(AG2021/4036)

KALANO ENTERPRISE BARGAINING AGREEMENT

Social, community, home care and disability services
COMMISSIONER WILSON	MELBOURNE, 13 APRIL 2021

Application for approval of the Kalano Enterprise Bargaining Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Kalano Enterprise Bargaining Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Kalano Community Association Inc. The Agreement is a single enterprise agreement.

[2] The Employer has provided 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 and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] The application filed with the Fair Work Commission erroneously listed the application for approval as a multi-party enterprise Agreement. On 22 March 2021, the Applicant filed an amended Form F16 changing the application to a single-enterprise agreement. I am satisfied on the material before me that the application is properly categorised as a single-enterprise agreement as the two employers are engaged in a common enterprise. I am satisfied that the correction to the application should be made and that it is appropriate to do so pursuant to s.586 of the Act.

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

[5] The United Workers' 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 20 April 2021. The nominal expiry date of the Agreement is 1 April 2024.

COMMISSIONER

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<AE511053  PR728537>

Annexure A