Hiscom Pty Ltd T/A Next Generation Services

[2019] FWCA 5552

[2019] FWCA 5552

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hiscom Pty Ltd T/A Next Generation Services
(AG2019/2349)

NEXT GENERATION SERVICES AGED CARE ENTERPRISE AGREEMENT 2019

Aged care industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 9 AUGUST 2019

Application for approval of the Next Generation Services Aged Care Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Next Generation Services Aged Care Enterprise Agreement 2019 (Agreement). That application was made by Hiscom Pty Ltd T/A Next Generation Services (Next Generation Services) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] Next Generation Services has provided a written undertaking. A copy of the undertaking is attached to the Agreement in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

[3] Subject to the undertaking 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 the flexibility term set out at Clause 7 of the Agreement does not outline that any flexibility agreement must be about permitted matters and must not include unlawful terms as defined in the Act. Pursuant to s.202(4) of the Act the model flexibility term prescribed by the Fair Work Regulations 2009 (Cth) (Regulations) is taken to be a term of the Agreement.

[5] Further, the consultation term at Clause 8 of the Agreement does not outline, as required by s.205(1)(a)(ii) of the Act, that the employer must invite employees to give their views about changes in relation to their regular roster or ordinary hours of work. Pursuant to s.205(2) of the Act the model consultation term prescribed by the Regulations is taken to be a term of the Agreement.

[6] The Agreement was approved on 9 August 2019 and, in accordance with s.54 of the Act, will operate from 16 August 2019. The nominal expiry date of the Agreement is 30 April 2022.

DEPUTY PRESIDENT

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