Northside Community Service Limited
[2022] FWCA 3656
•20 OCTOBER 2022
| [2022] FWCA 3656 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Northside Community Service Limited
(AG2022/4175)
Northside Community Service Enterprise Agreement 2022
| Children’s services | |
| DEPUTY PRESIDENT DEAN | CANBERRA, 20 OCTOBER 2022 |
Application for approval of the Northside Community Service Enterprise Agreement 2022.
An application has been made for approval of an enterprise agreement known as the Northside Community Service Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Northside Community Service Limited (Employer). The Agreement is a single enterprise agreement.
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.
I note that the provisions of clause 47 (Personal/Carer’s Leave), clause 49 (Compassionate Leave) and clause 71 (Notice of Termination) are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 7.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
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.
The United Workers’ Union, being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover the organisation. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 October 2022. The nominal expiry date of the Agreement is 27 October 2024.
DEPUTY PRESIDENT
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Annexure A
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