UnitingCare lifeAssist

[2015] FWCA 8226

[2015] FWCA 8226

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.217—Enterprise agreement

UnitingCare lifeAssist
(AG2015/6224)

UNITINGCARE LIFEASSIST STAFF ENTERPRISE AGREEMENT 2015

Social, community, home care and disability services
COMMISSIONER CRIBB	MELBOURNE, 10 DECEMBER 2015

Application for variation of the UnitingCare lifeAssist Staff Enterprise Agreement 2015.

[1] UnitingCare lifeAssist (the employer, the Applicant) has made an application, under section 217 of the Fair Work Act 2009 (the Act), to vary the UnitingCare lifeAssist Staff Enterprise Agreement 2015 1(the Agreement) to remove an ambiguity or uncertainty.

[2] UnitingCare lifeAssist is the employer party to the Agreement and the Australian Municipal, Administrative, Clerical and Services Union (ASU) is covered by the Agreement.

[3] The ASU does not oppose the application.

[4] An ambiguity or uncertainty has arisen in relation to Schedule 2 - Classification Salary Bands - of the Agreement. This is the result of an administrative oversight which resulted in the Classification Salary Bands in this Agreement being an exact copy of Schedule 2 of the previous enterprise agreement (the UnitingCare Community Options Staff Enterprise Agreement 2013 2 (the previous agreement)). The current Schedule does not take into account, therefore, the pay increases which were awarded under the previous agreement and so provides for a pay decrease. This is inconsistent with the pay increases set out in clause 15.1 of the current Agreement.

[5] Section 217 provides for the variation of enterprise agreements to remove ambiguity or uncertainty as follows:

“(1) The FWC may vary an enterprise agreement to remove an ambiguity or uncertainty on application by any of the following:

(a) one or more of the employers covered by the agreement;

(b) an employee covered by the agreement;

(c) an employee organisation covered by the agreement.

(2) If the FWC varies the enterprise agreement, the variation operates from the day specified in the decision to vary the agreement.”

[6] On the basis of the material before me, I find that Schedule 2 of the Agreement is ambiguous and uncertain. Accordingly, the application is granted and the variation, as sought, will operate from Thursday 17 December 2015. The consolidated version of the Agreement, as varied, is attached to this decision.

 1   AE415582

 2   AE404276

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