Yarra Community Housing

[2014] FWCA 1267

[2014] FWCA 1267

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Yarra Community Housing
(AG2013/11913)

YCH ENTERPRISE BARGAINING AGREEMENT - HOUSING AND ADMINISTRATIVE STAFF 2012-2015

Social, community, home care and disability services
COMMISSIONER JOHNS	MELBOURNE, 21 FEBRUARY 2014

Application for approval of the YCH Enterprise Bargaining Agreement - Housing and Administrative Staff 2012-2015.

[1] On 11 December 2013 Yarra Community Housing (Applicant) made an application for approval of the YCH Enterprise Bargaining Agreement - Housing and Administrative Staff 2012-2015 (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 within 14 days after it was made.

[3] The Applicant has provided written undertakings. The undertakings clarify the Agreement incorporates the relevant modern award, and confirm that overtime will be paid in accordance with the modern award. 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. In any case, the Australian Municipal, Administrative, Clerical and Services Union (ASU) has indicated its acceptance of the undertakings.

[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 ASU, 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 28 February 2014. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

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ANNEXURE A