Karinya Young Women's Service Inc.

[2018] FWCA 3296

[2018] FWCA 3296

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Karinya Young Women's Service Inc.
(AG2018/274)

KARINYA YOUNG WOMEN'S SERVICE CRISIS ACCOMMODATION EMPLOYEE ENTERPRISE AGREEMENT 2017

Tasmania
COMMISSIONER LEE	MELBOURNE, 6 JUNE 2018

Application for approval of the Karinya Young Women's Service Crisis Accommodation Employee Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Karinya Young Women’s Service Crisis Accommodation Employee Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Karinya Young Women’s Service Inc.. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] 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.

[4] I note the following provisions are inconsistent with the National Employment Standards;

•  Clause 7 which states that probationary employees may be terminated with 1 hours’ notice.

•  Clause 9(d) which provides for termination of intermittent employees, that is any person whose period of employment exceeds 5 consecutive days. These employees employment is terminable by the employer in accordance with the employer’s requirements.

•  Clause 25 which offers 2 weeks’ redundancy pay for each completed year of service.

Given the National Employment Standards precedence clause at Clause 30 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 June 2018. The nominal expiry date of the Agreement is 12 June 2022.

COMMISSIONER

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Annexure A