Western Australian Council of Social Service Inc

[2022] FWCA 579

[2022] FWCA 579

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Western Australian Council of Social Service Inc

(AG2021/8519)

WACOSS Staff Agreement 2021

Social, community, home care and disability services
COMMISSIONER SIMPSON	BRISBANE, 23 FEBRUARY 2022

Application for approval of the WACOSS Staff Agreement 2021

1. An application has been made for approval of an enterprise agreement known as the WACOSS Staff Agreement 2021 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Western Australian Council of Social Service Inc (the Applicant). The Agreement is a single enterprise agreement.

1. The Agreement filed contained an error in clause 22.2. This clause made reference to clause 5 instead of clause 7. My chambers wrote to the parties advising that there appeared to be a typographical error at clause 22.2 and proposing I exercise power under s.586 to correct the typographical error. The Applicant was invited to provide their views and was agreeable to the proposal. I consider it appropriate to exercise power under s.586 of the Act to correct the error in clause 22.2.

1. 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.

1. 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.

1. The Agreement does not contain a model consultation term compliant with the Act. Pursuant to section 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.

1. Noting clause 6.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

1. The Australian Municipal, Administrative, Clerical and Services Union (ASU) lodged a Form F18 statutory declaration supporting approval of the Agreement and giving 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 ASU.

1. The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE515036  PR738555>