Gulgong Hostel Association Inc
[2024] FWCA 1880
•22 MAY 2024
| [2024] FWCA 1880 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Gulgong Hostel Association Inc
(AG2024/1181)
WENONAH LODGE, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2023
| Aged Care Industry | |
| COMMISSIONER CRAWFORD | SYDNEY, 22 MAY 2024 |
Application for approval of the Wenonah Lodge, NSWNMA and HSU NSW Enterprise Agreement 2023
An application has been made for approval of an enterprise agreement known as the Wenonah Lodge, NSWNMA and HSU NSW Enterprise Agreement 2023 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act). It has been made by Gulgong Hostel Association Inc (Applicant). The Agreement is a single enterprise agreement.
The application was required to be filed within 14 days after it was made on 26 February 2024 in accordance with s.185(3) of the Act. As it was not filed until 10 April 2024, it was filed after the expiry of the statutory timeframe. Pursuant to s.185(3)(b), in all the circumstances, I consider it fair to extend the time for making the application.
The Applicant has provided written undertakings. 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.
Subject to the undertakings referred to above, I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.
Noting clause 8.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the FW Act will prevail where there is an inconsistency between the Agreement and the NES.
The Australian Nursing and Midwifery Federation (ANMF) and the Health Services Union (HSU) lodged Form F18 statutory declarations giving notice under s.183 of the FW Act that they want the Agreement to cover them. In accordance with s.201(2) of the FW Act, I note the Agreement covers the ANMF and the HSU.
The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 1 August 2025.
COMMISSIONER
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