Clifford Hallam Healthcare Pty Ltd

[2021] FWCA 4947

[2021] FWCA 4947

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Clifford Hallam Healthcare Pty Ltd
(AG2021/6530)

CLIFFORD HALLAM HEALTHCARE BERESFIELD ENTERPRISE AGREEMENT 2021

Pharmaceutical industry
COMMISSIONER O’NEILL	MELBOURNE, 16 AUGUST 2021

Application for approval of the Clifford Hallam Healthcare Beresfield Enterprise Agreement 2021.

[1] Clifford Hallam Healthcare Pty Ltd has applied for approval of an enterprise agreement known as the Clifford Hallam Healthcare Beresfield Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and 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] The Shop, Distributive and Allied Employees Association 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.

[4] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

•  Clause 25.7 – Meaning of Personal Leave;

•  Clause 42.1.1 – Redundancy; and

•  Clause 43.3.2 – Notice of termination by employee.

However, noting clause 6.1 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 August 2021. The nominal expiry date of the Agreement is 1 March 2023.

COMMISSIONER

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