Multicultural Development Association Inc

Case

[2013] FWCA 2019

8 APRIL 2013

No judgment structure available for this case.

[2013] FWCA 2019

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Multicultural Development Association Inc
(AG2013/348)

MULTICULTURAL DEVELOPMENT ASSOCIATION ENTERPRISE AGREEMENT 2013

Social, community, home care and disability services

COMMISSIONER BOOTH

BRISBANE, 8 APRIL 2013

Application for approval of the Multicultural Development Association Enterprise Agreement 2013.

[1] An application has been made for approval of a single enterprise agreement known as the Multicultural Development Association Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Multicultural Development Association Inc.

[2] The Agreement contains a typographical error in clause 5.10.1 which should be corrected. Pursuant to s.586 of the Act the error is corrected as follows:

    “In clause 5.10.1 by deleting the reference to “of” in the second line and replace with “or” so that the first paragraph reads as follows:-

    A full-time employee will be paid for all authorised overtime on Monday to Saturday, where the employee works outside of the spread of hours or more than 10 ordinary hours per day, payment will be made at the rate of time and a half for the first three hours and double time thereafter.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[4] 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) of the Act I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 April 2013. The nominal expiry date of the Agreement is 14 April 2016.

COMMISSIONER

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