Mosaic Support Services

Case

[2023] FWCA 1300

8 MAY 2023


[2023] FWCA 1300

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Mosaic Support Services

(AG2023/1099)

MOSAIC SUPPORT SERVICES & HACSU ENTERPRISE AGREEMENT 2022 - 2026

Social, community, home care and disability services

DEPUTY PRESIDENT O’NEILL

MELBOURNE, 8 MAY 2023

Application for approval of the Mosaic Support Services & HACSU Enterprise Agreement 2022-2026

  1. An application has been made for approval of an enterprise agreement known as the Mosaic Support Services & HACSU Enterprise Agreement 2022-2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mosaic Support Services. The Agreement is a single enterprise agreement.

  1. I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

  1. 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.

  1. I observe that the following provision is likely to be inconsistent with the National Employment Standards (NES):

·           Clause 10 - Redundancy.

However, noting clause 3 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.

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 May 2023. The nominal expiry date of the Agreement is 1 June 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE519939  PR761690>

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