Melba Support Services Australia Ltd
[2024] FWCA 4008
•18 NOVEMBER 2024
[2024] FWCA 4008
The attached document replaces the document previously issued with the above code on 18 November 2024
- Undertakings 4 and 5 contained highlighted phrases. These have been removed.
Associate to Deputy President Cross
Dated 18 November 2024.
| [2024] FWCA 4008 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Melba Support Services Australia Ltd
(AG2024/3907)
MELBA SUPPORT SERVICES AUSTRALIA ENTERPRISE AGREEMENT 2024 - 2025
| Social, community, home care and disability services | |
| DEPUTY PRESIDENT CROSS | SYDNEY, 18 NOVEMBER 2024 |
Application for approval of the Melba Support Services Australia Enterprise Agreement 2024 - 2025
An application has been made for approval of an enterprise agreement known as the Melba Support Services Australia Enterprise Agreement 2024 - 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Melba Support Services Australia Ltd. 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.
Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the Social, Community, Home Care, and Disability Services Industry Award 2010 is taken to be a term of the Agreement.
I note that the Agreement contains an NES precedence clause at cl.3.2.2, and this clause will be relied upon in the event of any inconsistency between this Agreement and the National Employment Standards
The Health Services Union 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.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 November 2024. The nominal expiry date of the Agreement is 31 December 2025.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE526785 PR781324>
Annexure A
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