Australian Capital Territory T/A ACT Public Sector

[2019] FWCA 3730

[2019] FWCA 3730

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Capital Territory T/A ACT Public Sector
(AG2019/1584)

ACT PUBLIC SECTOR HEALTH PROFESSIONAL ENTERPRISE AGREEMENT 2018-2021

State and Territory government administration
DEPUTY PRESIDENT YOUNG	MELBOURNE, 29 MAY 2019

Application for approval of the ACT Public Sector Health Professional Enterprise Agreement 2018-2021.

[1] Australian Capital Territory (the Employer) has made an application for approval of an enterprise agreement known as ACT Public Sector Health Professional Enterprise Agreement 2018-2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss 186, 187, and 188 as are relevant to this application for approval have been met.

[3] I observe that clauses F4.3, F7.6 and F17.11 of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause A5.4 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU); the Health Services Union of Australia; The Association of Professional Engineers, Scientists and Managers, Australia; the Construction, Forestry, Mining and Energy Union; and CPSU, the Community and Public Sector Union, being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they seek to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declarations provided by the organisations, I note that the Agreement covers the organisations.

[5] The Agreement was approved on 29 May 2019 and, in accordance with s 54, will operate from 5 June 2019. The nominal expiry date of the Agreement is 31 October 2021.

DEPUTY PRESIDENT

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