May Shaw Health Centre Inc
[2023] FWCA 3119
•26 SEPTEMBER 2023
| [2023] FWCA 3119 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
May Shaw Health Centre Inc
(AG2023/3042)
MAY SHAW HEALTH CENTRE INC ENTERPRISE AGREEMENT 2023
| Aged care industry | |
| COMMISSIONER LEE | MELBOURNE, 26 SEPTEMBER 2023 |
Application for approval of the May Shaw Health Centre Inc Enterprise Agreement 2023
An application has been made for approval of an enterprise agreement known as the May Shaw Health Centre Inc Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by May Shaw Health Centre Inc. The Agreement is a single enterprise agreement.
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.
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.
The Health Services Union and the Australian Nursing and Midwifery Federation 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.
I observe that the following provisions is likely to be inconsistent with the National Employment Standards (NES):
· Clause 12(h)(ii) – Redundancy Package
However, noting clause 7 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.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 October 2023. The nominal expiry date of the Agreement is 3 October 2025.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
<AE521649 PR766597>
Annexure A
0
0
0