Mallee Accommodation & Support Program Ltd T/A Mallee Accommodation & Support Program Ltd (MASP)

[2021] FWCA 6646

[2021] FWCA 6646

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mallee Accommodation & Support Program Ltd T/A Mallee Accommodation & Support Program Ltd (MASP)
(AG2021/8018)

MALLEE ACCOMMODATION & SUPPORT PROGRAM LTD ENTERPRISE AGREEMENT 2019

Social, community, home care and disability services
DEPUTY PRESIDENT MASSON	MELBOURNE, 11 NOVEMBER 2021

Application for approval of the Mallee Accommodation & Support Program Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Mallee Accommodation & Support Program Ltd Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mallee Accommodation & Support Program Ltd T/A Mallee Accommodation & Support Program Ltd (MASP). 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 several clauses may be inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 9.1 of the Agreement, I am 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 18 November 2021. The nominal expiry date of the Agreement is 10 November 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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Annexure A