Victorian National Parks Association Incorporated T/A Victorian National Parks Association

[2014] FWCA 4508

[2014] FWCA 4508

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Victorian National Parks Association Incorporated T/A Victorian National Parks Association
(AG2014/1403)

VICTORIAN NATIONAL PARKS ASSOCIATION INCORPORATED ENTERPRISE (COLLECTIVE) AGREEMENT 2014-2017

Social, community, home care and disability services
COMMISSIONER JOHNS	MELBOURNE, 8 JULY 2014

Application for approval of the Victorian National Parks Association Incorporated Enterprise (Collective) Agreement 2014 - 2017.

[1] On 12 June 2014 the Victorian National Parks Association Incorporated T/A Victorian National Parks Association (Applicant) made an application for approval of the Victorian National Parks Association Incorporated Enterprise (Collective) Agreement 2014 - 2017 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged outside the 14 day timeframe prescribed by s 185(3)(a) of the Act. The Applicant advised that the Agreement was lodged late due to nominated staff representatives being on annual leave. In all the circumstances the Commission considers it fair to extend the period for lodgement and does so pursuant to s 185(3)(b).

[3] The Applicant has provided written undertakings. The undertakings ensure that the consultation and dispute settlement clause comply with the Act. A copy of the undertakings is attached as Annexure A. The Commission is 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.

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

[5] The Australian Services 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), the Commission notes that the Agreement covers this organisation.

[6] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 15 July 2014. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

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ANNEXURE A