Eastern Palliative Care Association Incorporated

Case

[2021] FWCA 465

1 FEBRUARY 2021

No judgment structure available for this case.

[2021] FWCA 465
FAIR WORK COMMISSION

DECISION


Fair Work Act 2009

s.185—Enterprise agreement

Eastern Palliative Care Association Incorporated
(AG2020/4104)

EASTERN PALLIATIVE CARE ASSOCIATION INCORPORATED ALLIED HEALTH EMPLOYEES ENTERPRISE AGREEMENT 2020

Health and welfare services

DEPUTY PRESIDENT COLMAN

MELBOURNE, 1 FEBRUARY 2021

Application for approval of the Eastern Palliative Care Association Incorporated Allied Health Employees Enterprise Agreement 2020.

[1] Eastern Palliative Care Association Incorporated has made an application for approval of an enterprise agreement known as the Eastern Palliative Care Association Incorporated Allied Health Employees Enterprise Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying employer declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met. In particular, I have had regard to the matters raised in the F18 declaration by the Health Service Union (relevantly trading as the Victorian Allied Health Professionals Association (VAHPA)) and am satisfied that the agreement passes the ‘better off overall test’.

[3] The VAHPA, 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 declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 1 February 2021 and, in accordance with s 54, will operate from 8 February 2021. The nominal expiry date of the Agreement is 1 October 2024.

DEPUTY PRESIDENT

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