Working Women’s Centre SA Inc

[2018] FWCA 7055

[2018] FWCA 7055

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Working Women’s Centre SA Inc
(AG2018/3484)

WORKING WOMEN’S CENTRE INC ENTERPRISE AGREEMENT 2018

Social, community, home care and disability services
COMMISSIONER PLATT	ADELAIDE, 23 NOVEMBER 2018

Application for approval of the Working Women’s Centre Inc Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Working Women’s Centre Inc Enterprise Agreement (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Working Women’s Centre SA Inc. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 28 October 2018.

[3] On 2 November 2018, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Respondent to address these matters including the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 16 November 2018. The undertaking deals with the following topics:

•  Clause 46 of the Agreement will also apply to matters arising under the National Employment Standards (NES).

•  Clause 31.1(a) will be replaced with the definition contained in the NES.

•  That clause 34.3 will be amended as follows:

“Casual employees will be entitled to parental leave in accordance with the National Employment Standards.”

•  For the purpose of clause 12, the entitlements provided for at this clause will also apply where the employee’s employment is terminated at the employer’s initiative or where the employer becomes insolvent or bankrupt.

•  For the purpose of clause 28.1, which relates to overtime, any time off in lieu accrued and not taken at the end of employment will be paid to the employee at a rate prescribed by section 28.1 of the Social, Community, Home Care and Disability Services Industry Award 2010.

[5] A copy of the undertaking has been provided to the bargaining representatives and they did not express any view on the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] 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) of the Act I note that the Agreement covers this organisation.

[8] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date 1 October 2020.

COMMISSIONER

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