Dandenong Gastroenterology Pty Ltd T/A The Digestive Health Centre

[2019] FWCA 6690

[2019] FWCA 6690

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Dandenong Gastroenterology Pty Ltd T/A The Digestive Health Centre
(AG2019/2914)

DANDENONG GASTROENTEROLOGY PTY LTD ENTERPRISE AGREEMENT DECEMBER 2018-2022

Health and welfare services
DEPUTY PRESIDENT YOUNG	MELBOURNE, 26 SEPTEMBER 2019

Application for approval of the Dandenong Gastroenterology Pty Ltd Enterprise Agreement December 2018-2022.

[1] Dandenong Gastroenterology Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Dandenong Gastroenterology Pty Ltd Enterprise Agreement December 2018-2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application, the accompanying statutory declaration, the additional information provided by the Employer, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] I observe that clause 23 of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 5.2 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 was approved on 26 September 2019 and, in accordance with s 54, will operate from 3 October 2019. The nominal expiry date of the Agreement is 26 September 2023.

DEPUTY PRESIDENT

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Annexure A