Tenants Queensland Inc

[2020] FWCA 395

[2020] FWCA 395

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Tenants Queensland Inc
(AG2019/4322)

TENANTS QUEENSLAND INC AGREEMENT 2019 - 2022

Social, community, home care and disability services
COMMISSIONER BOOTH	BRISBANE, 24 JANUARY 2020

Application for approval of the Tenants Queensland Inc Agreement 2019-2022.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) by Tenants Queensland Inc (the Applicant) for approval of the Tenants Queensland Inc Agreement 2019-2022 (the Agreement). The Agreement is a single enterprise agreement.

[2] Correspondence was sent to the Applicant and bargaining representatives on 25 November 2019, raising concerns in relation to the Agreement.

[3] Further to extensions sought by the Applicant, the Applicant provided submissions and proposed undertakings addressing the concerns raised on 20 December 2019. Formal signed undertakings were then provided on 17 January 2020.

[4] The undertakings meets the requirements of s.190(3) of the Act and I have accepted them. As a result, the undertakings are then to be a term of the Agreement and are attached to this Decision as Attachment A.

[5] It is noted that the flexibility term at clause 8 of the Agreement does not appear consistent with the requirements of the Act. Accordingly, the model flexibility term set out in the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] Subject to the undertakings provided and the matter raised at paragraph [5], I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[7] The Australian, Municipal, Administrative, Clerical and Services Union (the ASU) filed a Form F18 in this matter, advising that it supports approval of the Agreement by the Commission, and providing 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 ASU.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 23 January 2023.

COMMISSIONER

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Attachment A