Havilah Hostel Inc.

[2015] FWCA 8643

[2015] FWCA 8643

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.217—Enterprise agreement

Havilah Hostel Inc.
(AG2015/7430)

HAVILAH HOSTEL INC., ANMF AND HSU ENTERPRISE AGREEMENT 2014

Health and welfare services
COMMISSIONER CRIBB	MELBOURNE, 15 DECEMBER 2015

Application for variation of the Havilah Hostel Inc., ANMF and HSU Enterprise Agreement 2014.

[1] This matter is an application by Havilah Hostel Inc. (Havilah, the employer), under section 217 of the Fair Work Act 2009 (the Act), to vary the Havilah Hostel Inc., ANMF and HSU Enterprise Agreement 2014 (the Agreement) in order to remove an ambiguity or an uncertainty.

[2] The Australian Nursing & Midwifery Association (ANMF) and the Health Services Union of Australia (HSU) have advised the Fair Work Commission that they do not object to the application by Havilah.

[3] Section 217 of the Act provides for variation of an enterprise agreement to remove an ambiguity or uncertainty, as follows:

“(1) The FWC may vary an enterprise agreement to remove an ambiguity or uncertainty on application by any of the following:

(a) one or more of the employers covered by the agreement;

(b) an employee covered by the agreement;

(c) an employee organisation covered by the agreement.

(2) If the FWC varies the enterprise agreement, the variation operates from the day specified in the decision to vary the agreement.”

[4] The application seeks the deletion of the following words from Appendix A of the Agreement:

‘Note: PCW Medication Awareness and Assistance Allowance is 2% of the individual Employee’s WSG base rate’

[5] On the basis of the material before me, I am satisfied that there is an ambiguity or uncertainty as submitted by Havilah and as not objected to by the ANMF and the HSU.

[6] Accordingly, the application is granted and the variation, as sought, will operate from 16 December 2015. The consolidated version of the Agreement, as varied, is attached to this decision.

Printed by authority of the Commonwealth Government Printer

<Price code O, AE415047 PR575045>