Eskleigh Foundation Inc

[2020] FWCA 6999

[2020] FWCA 6999

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Eskleigh Foundation Inc
(AG2020/3357)

ESKLEIGH FOUNDATION INC NURSING AGREEMENT 2019

Social, community, home care and disability services
DEPUTY PRESIDENT YOUNG	MELBOURNE, 22 DECEMBER 2020

Application for approval of the Eskleigh Foundation Inc Nursing Agreement 2019.

[1] Eskleigh Foundation Inc (the Employer) has made an application for approval of an enterprise agreement known as the Eskleigh Foundation Inc Nursing Agreement 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and 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, and on the basis of the material contained in the application, and the accompanying statutory declaration, 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 observe that clause 30(10) of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 32 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between this clause and the NES.

[5] Australian Nursing and Midwifery Federation, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 22 December 2020 and, in accordance with s 54, will operate from 29 December 2020. The nominal expiry date of the Agreement is 31 December 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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Annexure A