My Place WA Ltd
[2023] FWCA 2671
•22 AUGUST 2023
| [2023] FWCA 2671 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
My Place WA Ltd
(AG2023/2673)
MY PLACE WA LTD PERSONAL ASSISTANTS ENTERPRISE AGREEMENT 2023
| Social, community, home care and disability services | |
| DEPUTY PRESIDENT DEAN | CANBERRA, 22 AUGUST 2023 |
Application for approval of the My Place WA Ltd Personal Assistants Enterprise Agreement 2023.
An application has been made for approval of an enterprise agreement known as the My Place WA Ltd Personal Assistants Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by My Place WA Ltd (Employer). 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.
I note that the provisions of the Agreement at clause 50.4 concerning payment upon termination and clause 57 concerning compassionate leave are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 3.3 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.
The Australian Municipal, Administrative, Clerical and 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.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 August 2023. The nominal expiry date of the Agreement is 22 August 2027.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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Annexure A
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