Integratedliving Australia Ltd

[2020] FWCA 1709

[2020] FWCA 1709

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Integratedliving Australia Ltd
(AG2020/450)

INTEGRATEDLIVING AUSTRALIA LTD - BALLARAT NURSING SITE ENTERPRISE AGREEMENT 2019-2022

Health and welfare services
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 3 APRIL 2020

Application for approval of the integratedliving Australia Ltd - Ballarat Nursing Site Enterprise Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the integratedliving Australia Ltd - Ballarat Nursing Site Enterprise Agreement 2019-2022 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Integratedliving Australia Ltd (Employer). 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, 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. The undertakings are taken to be a term of the Agreement.

[4] I observe that clause 58.4 of the Agreement is likely to be inconsistent with the National Employment Standards (NES). It provides that an employee must not take carer's leave under where another person has taken leave to care for the same person. However, noting clause 6.3 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Australian Nursing and Midwifery Federation being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2), I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 April 2020. The nominal expiry date of the Agreement is 31 March 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE507615  PR717937>

Annexure A