Melba Support Services Incorporated

[2020] FWCA 1336

[2020] FWCA 1336

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Melba Support Services Incorporated
(AG2019/5174)

MELBA SUPPORT SERVICES INCORPORATED ENTERPRISE AGREEMENT 2020 TO 2023

Social, community, home care and disability services
DEPUTY PRESIDENT MASSON	MELBOURNE, 12 MARCH 2020

Application for approval of the Melba Support Services Incorporated Enterprise Agreement 2020 to 2023.

[1] An application has been made for approval of an enterprise agreement known as the Melba Support Services Incorporated Enterprise Agreement 2020 to 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Melba Support Services Incorporated. 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.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.

[5] The Australian Education Union and the Health Services Union of Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 April 2020. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE507398  PR717435>

Annexure A