Subee Pty Ltd

[2020] FWCA 5813

[2020] FWCA 5813

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Subee Pty Ltd
(AG2020/2234)

SUBEE ENTERPRISE AGREEMENT 2020

Social, community, home care and disability services
DEPUTY PRESIDENT BOOTH	SYDNEY, 30 OCTOBER 2020

Application for approval of the Subee Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Subee Enterprise Agreement 2020 (the Agreement). The application was made by Subee Pty Ltd and Subeetwo Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a multi-enterprise agreement.

[2] A Notice of Employee Representational Rights (NERR) was distributed to employees by both employers covered by the Agreement on 2 August 2019. Rule 24(2) of the Fair Work Commission Rules 2013 requires that each employer submit a NERR, however, in this case only one NERR was distributed which named both Subee Pty Ltd and Subeetwo Pty Ltd. Subee Pty Ltd and Subeetwo Pty Ltd are related entities, and I consider it appropriate in all the circumstances to waive the requirement for a NERR to be issued separately by each employer covered by the enterprise agreement as required by Rule 24(2) of the Fair Work Commission Rules 2013 pursuant to s.586(2) of the Act.

[3] The Applicant has provided written undertakings. The views of the employee bargaining representatives were sought in relation to the undertakings and no objection was notified. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and do not result in substantial change to the Agreement. Pursuant to s.191(1) of the Act, the undertakings are taken to be terms of the Agreement. A copy of the undertakings is attached to the Agreement and marked as ‘Annexure A’.

[4] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.190, 186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[5] The Agreement was approved on 30 October 2020 and, in accordance with s.54 of the Act, will operate from 6 November 2020. The nominal expiry date of the Agreement is 30 October 2024, being four years after the date of approval of the Agreement as specified at clause 4 of the Agreement.

DEPUTY PRESIDENT

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