Mayflower Brighton

[2022] FWCA 31

[2022] FWCA 31

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Mayflower Brighton

(AG2021/8415)

Mayflower Nurses Enterprise Agreement 2021

Aged care industry
DEPUTY PRESIDENT MANSINI	MELBOURNE, 10 JANUARY 2022

Application for approval of the Mayflower Nurses Enterprise Agreement 2021.

1. Mayflower Brighton has applied for approval of a single enterprise agreement known as the Mayflower Nurses Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

1. The application was accompanied by a signature page that complied with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). After the application was filed, an amended signature page was filed by the bargaining representative with a request that the application be amended to include an additional signature. I consider it appropriate in the circumstances to allow a correction or amendment to the application and do so pursuant to s.586(b), noting the Agreement when made did not include any signatures.[1]

1. Since the application was made, the Commission raised concerns about whether the Agreement contravenes s.55 of the Act and whether the Agreement passes the “better off overall” test. Further information was provided and written undertakings were given in accordance with s.190 of the Act in relation to these concerns. The written undertakings are attached at Annexure A (Undertakings). The bargaining representative supported the Undertakings. 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. Pursuant to s.201(3) of the Act, the Undertakings are taken to be terms of the Agreement.

1. Noting the Undertakings, I am satisfied that the more beneficial entitlements of the National Employment Standards in the Act (NES) will prevail where there is an inconsistency between the Agreement and the NES.

1. On the basis of the material contained in the application, further information provided on request of the Commission and 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.

1. The Australian Nursing and Midwifery Federation, being a bargaining representative for the Agreement, has given notice under s.183 of the Act. In accordance with s.201(2), I note that the Agreement covers this organisation.

1. The Agreement was approved on 10 January 2022 and, in accordance with s.54, will operate from 17 January 2022. The nominal expiry date of the Agreement is 1 December 2023.

DEPUTY PRESIDENT

Annexure A

[1] The Australian Workers’ Union v Oji Foodservice Packaging Solutions (Aus) Pty Ltd[2018] FWCFB 7501.

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