Mind Australia Limited
[2023] FWCA 151
•19 JANUARY 2023
| [2023] FWCA 151 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Mind Australia Limited
(AG2022/5094)
MIND AUSTRALIA LTD (VICTORIA) ENTERPRISE AGREEMENT 2022 - VICTORIA
| Health and welfare services | |
| COMMISSIONER LEE | MELBOURNE, 19 JANUARY 2023 |
Application for approval of the Mind Australia Ltd (Victoria) Enterprise Agreement 2022 – Victoria
An application has been made for approval of an enterprise agreement known as the Mind Australia Ltd (Victoria) Enterprise Agreement 2022 – Victoria (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mind Australia Limited. 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 Australian Municipal, Administrative, Clerical & 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.
I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):
· Clause 12.1(a) - Notice of termination
· Clause 28.1 - Compassionate leave
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 lodged contained minor errors at pages 20, 26 and the signature page. When the application was lodged on 5 December 2022, Mind Australia Limited filed an amended version of pages 20, 26 and the signature page of the Agreement. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 January 2023. The nominal expiry date of the Agreement is 19 January 2026.
COMMISSIONER
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Annexure A
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