Touch Football Australia Limited T/A Touch Football Australia

[2020] FWCA 5389

[2020] FWCA 5389

FAIR WORK COMMISSION

DECISION

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

Touch Football Australia Limited T/A Touch Football Australia
(AG2020/2377)

TOUCH FOOTBALL AUSTRALIA LIMITED CERTIFIED AGREEMENT 2020 - 2024

Sporting organisations
COMMISSIONER SIMPSON	BRISBANE, 9 OCTOBER 2020

Application for approval of the Touch Football Australia Limited Certified Agreement 2020 - 2024.

[1] An application has been made for approval of an enterprise agreement known as the Touch Football Australia Limited Certified Agreement 2020 - 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Touch Football Australia Limited T/A Touch Football Australia (the Applicant). The Agreement is a single enterprise agreement.

[2] Upon receiving the application, my chambers wrote to the Applicant advising that it was noted that clause 22 allows the company to deduct any money payable to the employee on termination of employment. Payment of final monies may also be delayed if the employee has not returned or accounted for company property. It is noted that prima facie, this clause appears to not be enforceable.

[3] The Agreement does not contain a model consultation term compliant with the Act. 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.

[4] The Applicant has provided written undertakings. 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.

[5] Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[6] The Agreement is approved and will operate seven days from approval in accordance with s.54 of the Act.

COMMISSIONER

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