Mental Health Association of Central Australia Inc

[2020] FWCA 1288

[2020] FWCA 1288

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mental Health Association of Central Australia Inc
(AG2020/253)

MENTAL HEALTH ASSOCIATION OF CENTRAL AUSTRALIA (MHACA) ENTERPRISE AGREEMENT 2020

Social, community, home care and disability services
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 31 MARCH 2020

Application for approval of the Mental Health Association of Central Australia (MHACA) Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Mental Health Association of Central Australia (MHACA) Enterprise Agreement 2020 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Mental Health Association of Central Australia Inc (Employer). 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.

[3] 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. The undertakings are taken to be a term of the Agreement.

[4] The Agreement contained cross referencing errors at clauses 28.1(g) and (h). An amended version of the Agreement correcting these errors was provided on 3 March 2020. I am satisfied that the corrections should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] The Australian Municipal, Administrative, Clerical and Services Union, 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), I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 April 2020. The nominal expiry date of the Agreement is 31 March 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE507370  PR717377>

Annexure A