Roman Catholic Church for the Archdiocese of Canberra and Goulburn as Trustees for CatholicCare T/A CatholicCare Canberra & Goulburn

[2019] FWCA 1502

[2019] FWCA 1502

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Roman Catholic Church for the Archdiocese of Canberra and Goulburn as Trustees for CatholicCare T/A CatholicCare Canberra & Goulburn
(AG2018/3277)

ROMAN CATHOLIC ARCHDIOCESE OF CANBERRA AND GOULBURN CATHOLICCARE CANBERRA & GOULBURN ENTERPRISE AGREEMENT (CATHOLICCARE CANBERRA & GOULBURN) 2017-2020

Health and welfare services
DEPUTY PRESIDENT KOVACIC	CANBERRA, 7 MARCH 2019

Application for approval of the Roman Catholic Archdiocese of Canberra and Goulburn CatholicCare Canberra & Goulburn Enterprise Agreement (CatholicCare Canberra & Goulburn) 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as the Roman Catholic Archdiocese of Canberra and Goulburn CatholicCare Canberra & Goulburn Enterprise Agreement (CatholicCare Canberra & Goulburn) 2017-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Roman Catholic Church for the Archdiocese of Canberra and Goulburn as Trustees for CatholicCare T/A CatholicCare Canberra & Goulburn. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, 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.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The Agreement lodged contained an error at Attachment 1. On 29 January 2018, the Applicant filed an amended version of the Agreement. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] The Independent Education Union of Australia and the Australian Municipal, Administrative, Clerical and Services Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that it wants the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 March 2019. The nominal expiry date of the Agreement is 30 June 2020.

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Annexure A