Melbourne City Mission Inc

[2018] FWCA 7762

[2018] FWCA 7762

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Melbourne City Mission Inc
(AG2018/4668)

MELBOURNE CITY MISSION PALLIATIVE CARE NURSES AGREEMENT 2018 - 2021

Health and welfare services
COMMISSIONER LEE	MELBOURNE, 21 DECEMBER 2018

Application for approval of the Melbourne City Mission Palliative Care Nurses Agreement 2018 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Melbourne City Mission Palliative Care Nurses Agreement 2018 - 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Melbourne City Mission Inc. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] I note that Clause 20.1 is inconsistent with the National Employment Standards as it states that casuals are not entitled to long service leave. Given the National Employment Standards precedence clause at Clause 5 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Australian Nursing and Midwifery Federation 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 December 2018. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

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Annexure A