Kimberley Land Council Aboriginal Corporation

[2019] FWCA 7111

[2019] FWCA 7111

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kimberley Land Council Aboriginal Corporation
(AG2019/3317)

KIMBERLEY LAND COUNCIL ENTERPRISE AGREEMENT 2019

Social, community, home care and disability services
COMMISSIONER PLATT	ADELAIDE, 15 OCTOBER 2019

Application for approval of the Kimberley Land Council Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Kimberley Land Council Enterprise Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Kimberley Land Council Aboriginal Corporation. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 12 September 2019.

[3] On 20 September 2019, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 3 October 2019. The undertaking deals with the following topics:

•  Ordinary hours of work per day will not exceed 10 hours and will be worked between 7am and 6pm Monday to Friday.

•  Work in excess of 10 hours per day, before 7am or after 6pm Monday to Friday, will accrue time off in lieu (TOIL) at the rate of 1.5 hours per hour worked.

•  Work on public holidays will accrue TOIL at the rate of 2.5 hours per hour worked.

•  Any accrued TOIL not used within the accrual period (1 February to 31 January) will be paid out at the end of the accrual period.

[5] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives did not express any view on the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

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

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 14 October 2023.

COMMISSIONER

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