Queensland South Native Title Services Limited T/A Queensland South Native Title Services

[2018] FWCA 333

[2018] FWCA 333

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Queensland South Native Title Services Limited T/A Queensland South Native Title Services
(AG2017/4233)

QUEENSLAND SOUTH NATIVE TITLE SERVICES ENTERPRISE AGREEMENT 2017-2019

Social, community, home care and disability services
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 17 JANUARY 2018

Application for approval of the Queensland South Native Title Services Enterprise Agreement 2017-2019.

[1] An application has been made for approval of an enterprise agreement known as the Queensland South Native Title Services Enterprise Agreement 2017-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Queensland South Native Title Services Limited T/A Queensland South Native Title Services. The Agreement is a single enterprise agreement.

[2] The Applicant 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] 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.

[4] 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.

[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 Community Public Sector 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) I note that the Agreement covers the organisation.

[7] The Agreement was approved on 17 January 2018 and, in accordance with s.54, will operate from 24 January 2018. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

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ANNEXURE A