Mss Strategic Medical And Rescue Pty Ltd T/A Mss Strategic Medical And Rescue

[2023] FWCA 1120

[2023] FWCA 1120

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Mss Strategic Medical And Rescue Pty Ltd T/A Mss Strategic Medical And Rescue

(AG2023/889)

MSS STRATEGIC MEDICAL AND RESCUE LOY YANG A ENTERPRISE AGREEMENT 2023-2026

Electrical power industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 19 APRIL 2023

Application for approval of the MSS Strategic Medical and Rescue Loy Yang A Enterprise Agreement 2023-2026

1. An application has been made pursuant to s 185 of the Fair Work Act 2009 (the Act) for the approval of a single enterprise agreement known as the MSS Strategic Medical and Rescue Loy Yang A Enterprise Agreement 2023-2026 (Agreement).

1. 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.

1. 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.

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

·           Clause 2.14 – Change of Contract;

·           Clause 2.15 – Redundancy; and

·           Clause 5.1.3 – Annual Leave.

However, noting clause 1.5 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 Construction, Forestry, Maritime, Mining and Energy 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. The Agreement is approved and, in accordance with s 54 of the Act, will operate from 26 April 2023. The nominal expiry date of the Agreement is 19 April 2027.

DEPUTY PRESIDENT

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