Dimple Care Pty Ltd T/A Dimple

[2017] FWCA 5711

[2017] FWCA 5711

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Dimple Care Pty Ltd T/A Dimple
(AG2017/2316)

DIMPLE ENTERPRISE AGREEMENT 2016

Health and welfare services
COMMISSIONER BISSETT	MELBOURNE, 14 NOVEMBER 2017

Application for approval of the Dimple Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Dimple Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the FW Act). It has been made by Dimple Care Pty Ltd T/A Dimple. The agreement is a single-enterprise agreement.

[2] In accordance with s.190 of the FW Act I sought an undertaking from the employer with respect to the Agreement. I have accepted the undertaking provided.

[3] In accordance with s.191(1) of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached as an annexure to this decision

[4] In the interests of clarity, Dimple Care Pty Ltd T/A Dimple and the Victorian Allied Health Professionals Association [HSU] have requested that I note in my approval decision that under the National Employment Standards (NES), employees are entitled to long service leave in accordance with their applicable pre-modernised award (if any). Relevantly, in Victoria, the pre-modernised award that applies to the allied health professionals covered by this Agreement is the Health Services Union of Australia (Health Professional Services – Private Sector Victoria) Award 2004 1. Insofar as there are terms dealing with long service leave in the Agreement, these are intended to supplement the NES entitlement. Accordingly, and as in accordance with clause 3 of this Agreement, to the extent that the terms dealing with long service leave in clause 14 of this Agreement would be detrimental to any employee covered by this Agreement in any respect when compared to any NES derived long service leave entitlement, the NES derived long service leave entitlement shall prevail.

[5] I am satisfied that each of the requirements of ss.186, 187 and 190 as are relevant to this application for approval have been met.

[6] The Health Services 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.

[7] The Agreement is approved and, in accordance with s.54(1) of the FW Act, will operate from 21 November 2017. The nominal expiry date of the Agreement is 13 November 2020.

COMMISSIONER

Annexure A

 1   AP835426CRV.

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