Edith Bendall Lodge Inc.
[2022] FWCA 1453
•29 APRIL 2022
| [2022] FWCA 1453 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Edith Bendall Lodge Inc.
(AG2022/848)
Edith Bendall Lodge Inc., ANMF and HSU Enterprise Agreement 2021
| Aged care industry | |
| DEPUTY PRESIDENT MASSON | MELBOURNE, 29 APRIL 2022 |
Application for approval of the Edith Bendall Lodge Inc., ANMF and HSU Enterprise Agreement 2021.
An application has been made for approval of an enterprise agreement known as the Edith Bendall Lodge Inc., ANMF and HSU Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Edith Bendall Lodge Inc. The Agreement is a single enterprise agreement.
The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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. The undertakings are taken to be a term of the Agreement.
Subject to the undertakings referred to above, 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.
I note that several clauses of the Agreement may be inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 5.1 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.
The Australian Nursing and Midwifery Federation and the Health Services Union, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 May 2022. The nominal expiry date of the Agreement is 30 June 2024.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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Annexure A
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