Clifford Hallam Healthcare Pty Ltd

[2020] FWCA 2662

[2020] FWCA 2662

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Clifford Hallam Healthcare Pty Ltd
(AG2020/1199)

CLIFFORD HALLAM HEALTHCARE PTY LTD (VICTORIA, TASMANIA, QUEENSLAND, NEW SOUTH WALES AND SOUTH AUSTRALIA) & UNITED WORKERS UNION ENTERPRISE AGREEMENT 2019

Pharmaceutical industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 21 MAY 2020

Application for approval of the Clifford Hallam Healthcare Pty Ltd (Victoria, Tasmania, Queensland, New South Wales and South Australia) & United Workers Union Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Clifford Hallam Healthcare Pty Ltd (Victoria, Tasmania, Queensland, New South Wales and South Australia) & United Workers Union Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Clifford Hallam Healthcare Pty Ltd. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement lodged contained an error at clause 44. On 21 May 2020, the Applicant filed an amended version of the Agreement correcting this error. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[4] I observe that clause 43.3.1 of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 7 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 United Workers’ Union 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.

[6] The Agreement was approved on 21 May 2020 and, in accordance with s.54, will operate from 28 May 2020. The nominal expiry date of the Agreement is 1 April 2023.

COMMISSIONER

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