ACON Health

[2019] FWCA 2447

[2019] FWCA 2447

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ACON Health
(AG2018/4954)

ACON HEALTH LTD ENTERPRISE AGREEMENT - 2018-2021

Social, community, home care and disability services
DEPUTY PRESIDENT BOYCE	SYDNEY, 10 APRIL 2019

Application for approval of the ACON Health Ltd Enterprise Agreement - 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the ACON Health Ltd Enterprise Agreement 2018-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Employer, ACON Health Ltd. 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] Subject to the undertakings referred to above, 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.

[4] 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.

[5] The Australian Services Union NSW & ACT (Services) Branch, 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 the organisation.

[6] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 April 2019. The nominal expiry date of the Agreement is 17 April 2023.

DEPUTY PRESIDENT

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