Kyeema Support Services Inc. T/A Kyeema Support Services
[2018] FWCA 7744
•20 DECEMBER 2018
| [2018] FWCA 7744 |
| FAIR WORK COMMISSION |
| decision |
Fair Work Act 2009
s.185—Enterprise agreement
Kyeema Support Services Inc. T/A Kyeema Support Services
(AG2018/3442)
Kyeema Support Services Inc. Enterprise Agreement 2018
| Social, community, home care and disability services | |
| Deputy President Masson | MELBOURNE, 20 DECEMBER 2018 |
Application for approval of the Kyeema Support Services Inc. Enterprise Agreement 2018.
An application has been made for approval of an enterprise agreement known as the Kyeema Support Services Inc. Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Kyeema Support Services Inc. T/A Kyeema Support Services. The Agreement is a single enterprise agreement.
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.
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.
Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
The Agreement lodged contained an error at Appendix 1. On 18 December 2018 the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.
I observe the following provision is likely to be inconsistent with the National Employment Standards (NES):
·Clause 7 – Casual Employees
·Clause 22 – Long Service Leave
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.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 December 2018. The nominal expiry date of the Agreement is 31 December 2020.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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Annexure A
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