Legal Aid Commission (ACT)
[2022] FWCA 1455
•29 APRIL 2022
| [2022] FWCA 1455 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Legal Aid Commission (ACT)
(AG2022/856)
Legal Aid Commission (ACT) Enterprise Agreement 2021-2022
| Australian Capital Territory | |
| DEPUTY PRESIDENT EASTON | SYDNEY, 29 APRIL 2022 |
Application for approval of the Legal Aid Commission (ACT) Enterprise Agreement 2021-2022.
Legal Aid Commission (ACT) (the Employer) has made an application for the approval of the Legal Aid Commission (ACT) Enterprise Agreement 2021-2022 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
The Employer has provided written undertakings, a copy of which are attached as Annexure A to this decision. The undertakings can be accepted under s.190 of the Act because I am satisfied that they will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement pursuant to s.191 of the Act.
Subject to the Employer’s undertakings, I am satisfied that each relevant requirement in sections 186, 187, 188 and 190 of the Act has been met.
I note that Clause 69.7 – Annual Leave is potentially inconsistent with the National Employment Standards (NES). Noting the undertaking provided by the Employer, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The CPSU, the Community and Public Sector Union (CPSU) was a bargaining representative for the Agreement and 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 CPSU.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 May 2022. The nominal expiry date of the Agreement is 31 October 2022.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE515829 PR741095>
Annexure A
0
0
1