Mosaic Support Services (Tas) Inc T/A Mosaic Support Services

[2019] FWCA 5725

[2019] FWCA 5725

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mosaic Support Services (Tas) Inc T/A Mosaic Support Services
(AG2019/1504)

MOSAIC SUPPORT SERVICES & HACSU ENTERPRISE AGREEMENT 2019 - 2022

Social, community, home care and disability services
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 19 AUGUST 2019

Application for approval of the Mosaic Support Services & HACSU Enterprise Agreement 2019 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the Mosaic Support Services & HACSU Enterprise Agreement 2019 - 2022 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Mosaic Support Services (Tas) Inc T/A Mosaic Support Services (Employer). 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, 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 observe that the following clauses are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 1 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:

•  Clause 10 of the Agreement, which provides that a redundant employee will be paid 2.5 weeks’ pay for each year of service, including an employee with at least 1 year but less than 2 years continuous service; and

•  Clause 22(b)(ii)(a) of the Agreement, which limits the entitlement to carer’s leave to an employee’s family member.

[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 Health Services Union of Australia, 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 26 August 2019. The nominal expiry date of the Agreement is 26 August 2022.

DEPUTY PRESIDENT

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Annexure A