Townsend House Inc; Royal South Australian Deaf Society Inc

[2014] FWCA 2875

[2014] FWCA 2875

FAIR WORK COMMISSION

DECISION

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

Townsend House Inc; Royal South Australian Deaf Society Inc
(AG2014/5676)

TOWNSEND HOUSE & ROYAL SOUTH AUSTRALIAN DEAF SOCIETY ENTERPRISE BARGAINING AGREEMENT 2014

Social, community, home care and disability services
COMMISSIONER HAMPTON	ADELAIDE, 1 MAY 2014

Application for approval of the Townsend House & Royal South Australian Deaf Society Enterprise Bargaining Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Townsend House & Royal South Australian Deaf Society Enterprise Bargaining Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Townsend House Inc and Royal South Australian Deaf Society Inc. The Agreement is a single-enterprise agreement.

[2] The CPSU, the Community and 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) of the Act I note that the Agreement covers the organisation.

[3] On 16 April 2014, I wrote to the parties to seek clarification about aspects of the Agreement.

[4] The employer subsequently provided further clarification of the parties’ intentions and proposed formal written undertakings which are appended to the Agreement as approved.

[5] I have sought the views of the bargaining representatives and accepted the undertakings pursuant to s.190 of the Act. As a result, the undertakings are taken to be a term of the Agreement.

[6] As the Agreement does not contain a consultation term which meets the requirements of s.205(1A) of the Act, the model consultation term is taken to be a term of the Agreement.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 May 2014. The nominal expiry date of the Agreement is 30 April 2017.

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