Central Healthcare Services Pty Ltd (CHS)
[2022] FWCA 719
•2 MARCH 2022
| [2022] FWCA 719 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Central Healthcare Services Pty Ltd (CHS)
(AG2022/227)
Central Healthcare Services Pty Ltd (WA) Enterprise Agreement 2022
| Pharmaceutical industry | |
| DEPUTY PRESIDENT BOYCE | SYDNEY, 2 MARCH 2022 |
Application for approval of the Central Healthcare Services Pty Ltd (WA) Enterprise Agreement 2022
An application has been made for approval of an enterprise agreement to be known as the Central Healthcare Services Pty Ltd (WA) Enterprise Agreement 2022 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Central Healthcare Services Pty Ltd (Employer). The Agreement is a single enterprise agreement.
The Employer has provided written undertakings dated 28 February 2022. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Pharmaceutical Industry Award 2020), and that the undertakings will not result in substantial changes to the Agreement.
Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
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.
I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 March 2022. The nominal expiry date of the Agreement is 2 March 2026.
DEPUTY PRESIDENT
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Annexure A
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