Directions Health Services Limited t/a Directions Health Services

[2021] FWCA 2376

[2021] FWCA 2376

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Directions Health Services Limited t/a Directions Health Services
(AG2021/4419)

DIRECTIONS HEALTH SERVICES ENTERPRISE AGREEMENT 2021

Health and welfare services
DEPUTY PRESIDENT MANSINI	MELBOURNE, 4 MAY 2021

Application for approval of the Directions Health Services Enterprise Agreement 2021.

[1] Directions Health Services has applied for approval of a single enterprise agreement known as the Directions Health Services Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act).

[2] Since the application was made, the Commission raised concerns about whether: the pre-approval requirements were met, the Agreement contravenes s.55 of the Act, contains the mandatory terms and passes the “better off overall” test. Further information was provided in relation to these concerns.

[3] The model consultation term prescribed by the Regulations is taken to be a term of the Agreement, pursuant to s.205(2) of the Act.

[4] Written undertakings were given in accordance with s.190 of the Act and are attached at Annexure A (Undertakings). The bargaining representatives did not oppose the Undertakings. I am satisfied that the Undertakings will not cause financial detriment to any employee covered by the Agreement and that the Undertakings will not result in substantial changes to the Agreement. Pursuant to s.201(3) of the Act, the Undertakings are taken to be terms of the Agreement.

[5] Noting clause 7.3(a) of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards in the Act (NES) will prevail where there is an inconsistency between the Agreement and the NES.

[6] On the basis of the material contained in the application, further information provided on request of the Commission and the Undertakings, 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.

[7] The Agreement was approved on 4 May 2021 and, in accordance with s.54, will operate from 11 May 2021. The nominal expiry date of the Agreement is 4 May 2025.

[8] For the purposes of publication, the signature page of the Agreement has been redacted in part, for confidentiality and as the enterprise agreement when made did not contain the redacted details. 1

DEPUTY PRESIDENT

Annexure A

 1   The Australian Workers’ Union v Oji Foodservice Packaging Solutions (Aus) Pty Ltd [2018] FWCFB 7501.

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