Lighthouse Disability Limited

[2019] FWCA 3165

[2019] FWCA 3165

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lighthouse Disability Limited
(AG2019/535)

LIGHTHOUSE DISABILITY - UNITED VOICE ENTERPRISE AGREEMENT 2018

Social, community, home care and disability services
COMMISSIONER PLATT	ADELAIDE, 21 MAY 2019

Application for approval of the Lighthouse Disability - United Voice Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Lighthouse Disability - United Voice Enterprise Agreement 2018 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Lighthouse Disability Limited. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 16 April 2019.

[3] On 29 April 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 the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 16 May 2019. The undertaking deals with the following topics:

•  The first paragraph of clause 12(1)(c) shall not apply.

•  For the purposes of clause 15 of the Agreement, the Applicant undertakes to pay employees no less than the weekly wage that would be paid to such employee after applying both the Equal Remuneration Order (ERO) 1 and any increase to the rate of pay as a consequence of the Fair Work Commission’s annual wage review.

•  For the purposes of 10.4A of the Agreement, the Applicant undertakes to apply the casual conversion clause as contained in Social, Community, Home Care and Disability Services Industry Award 2010 (the Award).

•  For the purposes of clause 20.3 of the Agreement, the Applicant undertakes pay the relevant rate for a meal allowance as contained in the Award.

•  For the purposes of clause 20.8 of the Agreement, the Applicant undertakes to pay the relevant rate for board/lodging as contained in the Award.

•  For the purposes of clause 25.6 of the Agreement, the Applicant undertakes to apply the broken shift provisions as contained in the Award.

•  For the purposes of clause 28.1(b)(iii) of the Agreement, the Applicant undertakes to apply the provisions as contained in the Award.

•  For the purposes of clause 28.3 of the Agreement, the Applicant undertakes to apply the rest period after overtime provisions as contained in the Award, except where the employee and employer to apply the provision of clause 28.3 of the Agreement.

•  For the purposes of Schedule H, the Applicant undertakes that it will apply the provisions of the Schedule to the extent that they are relevant during the term of the Agreement.

[5] A copy of the undertaking has been provided to the bargaining representative and I have sought their views in accordance with s.190(4) of the Act. The bargaining representative supported 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] “United Voice”, 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) of the Act I note that the Agreement covers this organisation.

[8] 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.

[9] 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 30 June 2020.

COMMISSIONER

 1   PR525485.

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