Emmerton Park Incorporated T/A Emmerton Park

[2019] FWCA 6008

[2019] FWCA 6008

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Emmerton Park Incorporated T/A Emmerton Park
(AG2019/2401)

EMMERTON PARK INCORPORATED STAFF AGREEMENT 2018

Aged care industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 29 AUGUST 2019

Application for approval of the Emmerton Park Incorporated Staff Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Emmerton Park Incorporated Staff Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Emmerton Park Incorporated T/A Emmerton Park. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] I note that Clause 18.2 is inconsistent with the National Employment Standards (NES) as the clause provides a shift worker definition that is not consistent with the NES. Given the National Employment Standards precedence clause at clause 18 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[5] The Australian Nursing and Midwifery Federation (ANMF) and the Health Services Union (HSU) 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 September 2019. The nominal expiry date of the Agreement is 1 July 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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Annexure A