Multicultural Communities Council Gold Coast Limited t/a CURA

[2021] FWCA 4594

[2021] FWCA 4594

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Multicultural Communities Council Gold Coast Limited t/a CURA
(AG2021/5838)

MULTICULTURAL COMMUNITIES COUNCIL GOLD COAST ENTERPRISE AGREEMENT 2021

Health and welfare services
DEPUTY PRESIDENT MANSINI	MELBOURNE, 2 AUGUST 2021

Application for approval of the Multicultural Communities Council Gold Coast Enterprise Agreement 2021.

[1] Multicultural Communities Council Gold Coast Limited has applied for approval of a single enterprise agreement known as the Multicultural Communities Council Gold Coast Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about whether the pre-approval requirements were met, whether the Agreement contravenes s.55 of the Act and whether the Agreement passes the “better off overall” test. Further information and evidence was provided in relation to these concerns.

[3] The Applicant’s statutory declaration identified that a substantial number of the employees covered by the Agreement at the relevant time were employed on a casual basis. The Applicant provided further evidence to satisfy the Commission that some casual employees who were requested to vote were not employed at the relevant time, but this did not have a material impact on the outcome of the vote.

[4] Written undertakings were given in accordance with s.190 of the Act and are attached at Annexure A (Undertakings). The employee bargaining representatives supported or did not oppose the Undertakings. 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. Pursuant to s.201(3) of the Act, the Undertakings are taken to be terms of the Agreement.

[5] On the basis of the material contained in the application, further information and evidence provided on request of the Commission and 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] The Agreement was approved on 2 August 2021 and, in accordance with s.54, will operate from 9 August 2021. The nominal expiry date of the Agreement is 30 June 2024.

[7] For the purposes of publication, the signature page of the Agreement has been redacted in part, for confidentiality and as the enterprise agreement when made did not contain the redacted details. 1

DEPUTY PRESIDENT

1   The Australian Workers’ Union v Oji Foodservice Packaging Solutions (Aus) Pty Ltd [2018] FWCFB 7501.

Printed by authority of the Commonwealth Government Printer

<AE512509  PR732268>

Annexure A