Lutheran Church of Australia, South Australia and Northern Territory District Inc T/A Lutheran Community Care, SA and NT

[2017] FWCA 4945

[2017] FWCA 4945

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lutheran Church of Australia, South Australia and Northern Territory District Inc T/A Lutheran Community Care, SA and NT
(AG2017/3347)

LUTHERAN COMMUNITY CARE ENTERPRISE AGREEMENT 2017

Social, community, home care and disability services
COMMISSIONER SAUNDERS	MELBOURNE, 21 SEPTEMBER 2017

Application for approval of the Lutheran Community Care Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Lutheran Community Care Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Lutheran Church of Australia, South Australia and Northern Territory District Inc T/A Lutheran Community Care, SA and NT. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[6] 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.

[7] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 September 2017. The nominal expiry date of the Agreement is 20 September 2021.

COMMISSIONER

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Annexure A