MADEC Australia
[2022] FWCA 35
•7 JANUARY 2022
| [2022] FWCA 35 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
MADEC Australia
(AG2021/8761)
MADEC AUSTRALIA (MADEC) SINGLE ENTERPRISE AGREEMENT 2021-2024
Social, community, home care and disability services | |
DEPUTY PRESIDENT MASSON | MELBOURNE, 7 JANUARY 2022 |
Application for approval of the MADEC Australia (MADEC) Single Enterprise Agreement 2021-2024.
[1] An application has been made for approval of an enterprise agreement known as the MADEC Australia (MADEC) Single Enterprise Agreement 2021-2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by MADEC Australia. The Agreement is a single enterprise agreement.
[2] 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. The undertakings are taken to be a term of the Agreement.
[3] 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.
[4] 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.
[5] I note that Clauses 7.3 and 6.12.5 are inconsistent with the National Employment Standards. The Applicant has addressed this as part of their written undertakings. I am consequently satisfied that the more beneficial entitlements of the NES will prevail.
[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 January 2022. The nominal expiry date of the Agreement is 6 January 2025.
DEPUTY PRESIDENT
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Annexure A
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