Indochinese Elderly Refugees Association Victoria Inc.

[2018] FWCA 4599

[2018] FWCA 4599

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Indochinese Elderly Refugees Association Victoria Inc.
(AG2018/597)

INDOCHINESE ELDERLY REFUGEES ASSOCIATION HEALTH AND ALLIED SERVICES ENTERPRISE AGREEMENT 2016

Aged care industry
COMMISSIONER LEE	MELBOURNE, 6 AUGUST 2018

Application for approval of the Indochinese Elderly Refugees Association Health and Allied Services Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Indochinese Elderly Refugees Association Health and Allied Services Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Indochinese Elderly Refugees Association Victoria 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] 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] I note the Clause 24 is inconsistent with the National Employment Standards as it provides for personal leave in hours. Given the National Employment Standards precedence clause at Clause 6(a) of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[5] The Australian Nursing and Midwifery Federation & Health Services Union of Australia 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 these organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 August 2018. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

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Annexure A