Housing for the Aged Action Group Inc

[2020] FWCA 753

[2020] FWCA 753

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Housing for the Aged Action Group Inc
(AG2019/5136)

HOUSING FOR THE AGED ACTION GROUP INC AGREEMENT 2019 - 2022

Social, community, home care and disability services
COMMISSIONER CIRKOVIC	MELBOURNE, 12 FEBRUARY 2020

Application for approval of the Housing for the Aged Action Group Inc. Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Housing for the Aged Action Group Inc. Agreement 2019-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Housing for the Aged Action Group Inc. The Agreement is a single enterprise agreement.

[2] The employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] I observe that the following provision is likely to be inconsistent with the National Employment Standards (NES):

•  Clause 17.

[5] However, noting clause 3.2 of the Agreement, I am satisfied that the beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement was approved on 12 February 2020 and, in accordance with s.54, will operate from 19 February 2020. The nominal expiry date of the Agreement is 1 December 2022.

COMMISSIONER

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Annexure A