Yorke Peninsula Community Transport Inc

[2016] FWCA 6960

[2016] FWCA 6960

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Yorke Peninsula Community Transport Inc
(AG2016/3990)

YORKE PENINSULA COMMUNITY TRANSPORT INCORPORATED COMMUNITY SERVICE WORKERS ENTERPRISE AGREEMENT NO 01

Social, community, home care and disability services
COMMISSIONER SAUNDERS	NEWCASTLE, 28 SEPTEMBER 2016

Application for approval of the Yorke Peninsula Community Transport Incorporated Community Service Workers Enterprise Agreement No 01.

[1] An application has been made for approval of an enterprise agreement known as the Yorke Peninsula Community Transport Incorporated Community Service Workers Enterprise Agreement No 01 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Yorke Peninsula Community Transport Inc. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

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

[5] 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.

[6] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[7] Pursuant to s.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.

[8] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 October 2016. The nominal expiry date of the Agreement is 22 June 2018.

COMMISSIONER

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Annexure A