Huon Regional Care Limited T/A Huon Regional Care and Huon Eldercare

[2020] FWCA 347

[2020] FWCA 347

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Huon Regional Care Limited T/A Huon Regional Care and Huon Eldercare
(AG2019/4880)

HUON REGIONAL CARE NURSING STAFF ENTERPRISE AGREEMENT 2019

Health and welfare services
DEPUTY PRESIDENT MASSON	MELBOURNE, 28 JANUARY 2020

Application for approval of the Huon Regional Care Nursing Staff Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Huon Regional Care Nursing Staff Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Huon Regional Care Limited T/A Huon Regional Care and Huon Eldercare. 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. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] I note that clauses 11.2(c) and 28.8(d) of the Agreement in my view, may provide for deductions which are not permitted deductions within the meaning of s. 324 of the Act. Pursuant to s. 324 of the Act, the clauses will have no effect to the extent that they are not permitted deductions. However, notwithstanding my view on that, it is not a matter to which I am to have regard in terms of whether or not the Agreement should be approved and it does not represent a barrier to the approval of the Agreement. 

[6] The Australian Nursing and Midwifery Federation and the Health Services Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 February 2020. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE506846 PR716105>

Annexure A