Australian Capital Territory
[2024] FWCA 2190
•13 JUNE 2024
| [2024] FWCA 2190 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Australian Capital Territory
(AG2024/1641)
ACT PUBLIC SECTOR HEALTH PROFESSIONAL ENTERPRISE AGREEMENT 2023-2026
| State and Territory government administration | |
| COMMISSIONER MATHESON | SYDNEY, 13 JUNE 2024 |
Application for approval of the ACT Public Sector Health Professional Enterprise Agreement 2023-2026
An application has been made for approval of an enterprise agreement known as the ACT Public Sector Health Professional Enterprise Agreement 2023-2026 (Agreement). The application was made by the Australian Capital Territory (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.
I observe that certain provisions of the Agreement may be inconsistent with the National Employment Standards (NES). However, noting clause A5.4 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to the application for approval of the Agreement have been met.
The Association of Professional Engineers, Scientists and Managers, Australia; Australian Municipal, Administrative, Clerical and Services Union; the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union”, known as the Australian Manufacturing Workers’ Union; the Community and Public Sector Union and the Health Services Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisations.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 June 2024. The nominal expiry date of the Agreement is 31 March 2026.
COMMISSIONER
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