Queen Victoria Women's Centre Trust
[2022] FWCA 2353
•14 JULY 2022
| [2022] FWCA 2353 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Queen Victoria Women's Centre Trust
(AG2022/2283)
Queen Victoria Women’s Centre Workplace Agreement 2022
| Miscellaneous | |
| COMMISSIONER O'NEILL | MELBOURNE, 14 JULY 2022 |
Application for approval of the Queen Victoria Women’s Centre Workplace Agreement 2022
Queen Victoria Women’s Centre Trust has applied for approval of an enterprise agreement known as the Queen Victoria Women’s Centre Workplace Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.
Employees were not provided with details of the vote at the start of the access period in accordance with s.180(3) of the Act. However, noting that 6/7 employees covered cast a valid vote, I am satisfied that the Agreement would have been genuinely agreed to but for the minor procedural departure from the requirements of s.180(3), and that the employees covered by the Agreement were not likely to have been disadvantaged by this error. Accordingly, I exercise the discretion conferred by s.188(2) of the Act.
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.
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.
Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 July 2022. The nominal expiry date of the Agreement is 30 June 2024.
COMMISSIONER
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Annexure A
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