Neighbourhood Houses Victoria

[2019] FWCA 3141

[2019] FWCA 3141

FAIR WORK COMMISSION

DECISION

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

Neighbourhood Houses Victoria
(AG2018/4703)

NEIGHBOURHOOD HOUSES AND ADULT COMMUNITY EDUCATION CENTRES COLLECTIVE AGREEMENT 2018

Health and welfare services
COMMISSIONER BISSETT	MELBOURNE, 8 MAY 2019

Application to approve Neighbourhood Houses and Adult Community Education Centres Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Neighbourhood Houses and Adult Community Education Centres Collective Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Neighbourhood Houses Victoria. 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] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[4] 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.

[5] 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.

[6] The Agreement lodged contains errors at clause 16.1 and 16.2 and clause numbering errors at Schedule 4. On 3 May 2019 the Applicant filed amended pages 14 and 38 to the Agreement pursuant to s.586 of the Act. I am satisfied that the corrections should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[7] The Australian Municipal, Administrative, Clerical and Services Union, National Tertiary Education Industry Union and United Voice 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.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 May 2019. The nominal expiry date of the Agreement is 1 December 2019.

COMMISSIONER

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<AE503317  PR708059>

Annexure A