Launceston Women’s Shelter Inc T/A Magnolia Place LWS

[2015] FWCA 1564

[2015] FWCA 1564

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Launceston Women’s Shelter Inc T/A Magnolia Place LWS
(AG2015/1830)

MAGNOLIA PLACE - LWS ENTERPRISE AGREEMENT 2014

Tasmania
COMMISSIONER LEE	MELBOURNE, 10 MARCH 2015

Application for approval of the Magnolia Place - LWS Enterprise Agreement 2014.

[1] An application has been made for approval of a single enterprise agreement known as the Magnolia Place - LWS Enterprise Agreement 2014 (Agreement). The application was made by Launceston Women’s Shelter Inc T/A Magnolia Place LWS pursuant to s.185 of the Fair Work Act 2009 (Act).

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

[3] The consultation term contained in the Agreement provides that the employer provides that “the funding body is external to Magnolia Place LWS and therefore notification by the funding body may not enable the consultation process described...”. I am not satisfied that this provision is in accordance with the requirements of a consultation clause under the Act. 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.

[4] The Health Services Union of Australia 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 March 2015. The nominal expiry date of the Agreement is 1 July 2016.

COMMISSIONER

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