Australian Capital Territory
[2022] FWCA 69
•11 JANUARY 2022
| [2022] FWCA 69 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Australian Capital Territory
(AG2021/9011)
ACT Public Sector Medical Practitioners Enterprise Agreement 2021-2022
| State and Territory government administration | |
| DEPUTY PRESIDENT DEAN | CANBERRA, 11 JANUARY 2022 |
Application for approval of the ACT Public Sector Medical Practitioners Enterprise Agreement 2021-2022.
An application has been made for approval of an enterprise agreement known as the ACT Public Sector Medical Practitioners Enterprise Agreement 2021-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian Capital Territory (Employer). The Agreement is a single enterprise agreement.
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.
The Agreement has a National Employment Standards (NES) precedence clause at clause 5.4. I am therefore satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Australian Salaried Medical Officers’ Federation, 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.
The Employer has also made an application pursuant to s.217 to vary the Agreement to remove ambiguity and uncertainty. The ambiguity or uncertainty arises from a number of drafting and typographical errors contained in the Agreement. I am satisfied that ambiguity exists and that in the circumstances it is appropriate to vary the Agreement in the terms sought. An amended version of the Agreement has been filed which incorporates the variation.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 January 2022. The nominal expiry date of the Agreement is 31 October 2022.
DEPUTY PRESIDENT
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