Yooralla

[2019] FWCA 1654

[2019] FWCA 1654

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Yooralla
(AG2018/7311)

YOORALLA STAFF TERMS AND REMUNERATION (STAR) AGREEMENT 2018

Health and welfare services
COMMISSIONER BISSETT	MELBOURNE, 14 MARCH 2019

Application for approval of the Yooralla Staff Terms and Remuneration (STAR) Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Yooralla Staff Terms and Remuneration (STAR) Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Yooralla (the Applicant). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[4] Subject to the Undertakings, I am 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 Agreement lodged contained an error at clause 11.6(c). On 14 March 2019, the

Applicant filed a correction pursuant to s.586 of the Act in an undertaking. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[6] The Health Services Union of Australia 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) I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 March 2019. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

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Annexure A