International SOS (Australasia) Pty Ltd T/A International SOS

Case

[2018] FWCA 3333

7 JUNE 2018


[2018] FWCA 3333

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

International SOS (Australasia) Pty Ltd T/A International SOS

(AG2018/687)

International SOS and NSWNMA ANMF NSW and ACT Branches Enterprise Agreement 2017

Health and welfare services

COMMISSIONER MCKENNA

SYDNEY, 7 JUNE 2018

Application for approval of the International SOS and NSWNMA ANMF NSW and ACT Branches Enterprise Agreement 2017.

  1. An application has been made for the approval of an enterprise agreement known as the International SOS and NSWNMA ANMF NSW and ACT Branches Enterprise Agreement 2017 (“the Agreement”). The application was made by International SOS (Australasia) Pty Ltd T/A International SOS (“the applicant”) pursuant to s.185 of the Fair Work Act 2009 (“the Act”). The Agreement is a single-enterprise agreement.

  1. I am satisfied that each of the requirements of ss. 186, 187 and 188 of the Act relevant to this application for approval have been met with the provision of written undertakings addressing miscellaneous matters. The views of the bargaining representatives were sought in relation to the undertakings. A copy of the undertakings is attached to this decision and marked “Annexure A”. I note that, under s.191 of the Act, the undertakings are taken to be terms of the Agreement. I also note that clause 33.3 of the Agreement purports to deal with long service leave in a manner contrary to relevant legislation, but that long service leave legislation prevails despite the purported operation of clause 33.3.

  1. The Australian Nursing and Midwifery Federation – New South Wales Branch and the Australian Nursing and Midwifery Federation (ACT Branch) have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisations.

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this approval decision. The nominal expiry date of the Agreement is 1 August 2020.

COMMISSIONER

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Annexure A

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