Liviende Veranto

[2019] FWCA 744

[2019] FWCA 744

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

Liviende Veranto
(AG2018/3439)

LIVIENDE VERANTO ENTERPRISE AGREEMENT 2016

Social, community, home care and disability services
DEPUTY PRESIDENT MASSON	MELBOURNE, 7 FEBRUARY 2019

Application for variation of the Liviende Veranto Enterprise Agreement 2016.

[1] Further to the Interim Decision 1 made by the Commission on 4 February 2019 in respect of this matter, the following Decision is made.

[2] An application has been made for approval of a variation to the Liviende Veranto Enterprise Agreement 2016 (the Agreement). The application was made by Liviende Veranto pursuant to section 210 of the Fair Work Act 2009 (the Act).

[3] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[4] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. 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.

[5] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

[6] I note that clause 32.2(a) is inconsistent with the National Employment Standards as it provides for the leave entitlement after 12 months. Given the National Employment Standards precedence clause at clause 7 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[7] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[8] In accordance with s.216 of the Act, the variation operates from 7 February 2019.

DEPUTY PRESIDENT

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 1   [2019] FWC 646.