Goulburn Valley FamilyCare Inc. T/A FamilyCare

[2023] FWCA 953

[2023] FWCA 953

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Goulburn Valley FamilyCare Inc. T/A FamilyCare

(AG2023/686)

FAMILYCARE ENTERPRISE AGREEMENT 2023-2026

Social, community, home care and disability services
COMMISSIONER CIRKOVIC	MELBOURNE, 30 MARCH 2023

Application for approval of the FamilyCare Enterprise Agreement 2023-2026

1. An application has been made for approval of an enterprise agreement known as the FamilyCare Enterprise Agreement 2023-2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Goulburn Valley FamilyCare Inc. T/A FamilyCare. The Agreement is a single enterprise agreement.

1. I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

1. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

1. I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 2(c) of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Agreement was approved on 30 March 2023 and, in accordance with s.54, will operate from 6 April 2023. The nominal expiry date of the Agreement is 6 April 2026.

COMMISSIONER

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