Adelaide Community Healthcare Alliance Incorporated T/A Adelaide Community Healthcare Alliance Incorporated or ACHA

[2019] FWCA 1110

[2019] FWCA 1110

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Adelaide Community Healthcare Alliance Incorporated T/A Adelaide Community Healthcare Alliance Incorporated or ACHA
(AG2018/6222)

ADELAIDE COMMUNITY HEALTHCARE ALLIANCE - HEALTH SERVICES EMPLOYEES - ENTERPRISE AGREEMENT 2018-2020

Health and welfare services
DEPUTY PRESIDENT MASSON	MELBOURNE, 20 FEBRUARY 2019

Application for approval of the Adelaide Community Healthcare Alliance - Health Services Employees - Enterprise Agreement 2018-2022.

[1] An application has been made for approval of an enterprise agreement known as the Adelaide Community Healthcare Alliance - Health Services Employees - Enterprise Agreement 2018-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Adelaide Community Healthcare Alliance Incorporated T/A Adelaide Community Healthcare Alliance Incorporated or ACHA. 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 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] I note that Clause 8.2.4 is inconsistent with the National Employment Standards as the clause provides a more restrictive definition of “household member” for the purposes of personal leave. Given the National Employment Standards precedence clause at clause 1.9 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[6] The United Voice (UV) 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 27 February 2019. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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Annexure A