Diabetes Australia - Victoria T/A Diabetes Victoria
[2019] FWCA 423
•24 JANUARY 2019
| [2019] FWCA 423 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Diabetes Australia - Victoria T/A Diabetes Victoria
(AG2018/5038)
DIABETES VICTORIA AND AUSTRALIAN NURSING AND MIDWIFERY FEDERATION ENTERPRISE AGREEMENT 2017
Health and welfare services | |
DEPUTY PRESIDENT COLMAN | MELBOURNE, 24 JANUARY 2019 |
Application for approval of the Diabetes Victoria and Australian Nursing and Midwifery Federation Enterprise Agreement 2017.
[1] An application has been made for approval of an enterprise agreement known as the Diabetes Victoria and Australian Nursing and Midwifery Federation Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Diabetes Australia - Victoria T/A Diabetes Victoria. The agreement is a single enterprise agreement.
[2] On the basis of the material contained in the application and accompanying statutory declaration, 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 clause 19.2 of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 5.5 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 Australian Nursing and Midwifery Federation 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.
[5] The Agreement was approved on 24 January 2019 and, in accordance with s.54, will operate from 31 January 2019. The nominal expiry date of the Agreement is 30 June 2020.
DEPUTY PRESIDENT
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