National Association of Aboriginal and Torres Strait Islander Health Workers & Practitioners Ltd T/A National Association of Aboriginal and Torres Strait Islander Health Workers & Practitioners Ltd
[2022] FWCA 2235
•5 JULY 2022
| [2022] FWCA 2235 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
National Association of Aboriginal and Torres Strait Islander Health Workers & Practitioners Ltd T/A National Association of Aboriginal and Torres Strait Islander Health Workers & Practitioners Ltd
(AG2022/1878)
National Association of Aboriginal and Torres Strait Islander Health Workers and Practitioners Enterprise Agreement 2022
| Indigenous organisations and services | |
| COMMISSIONER LEE | MELBOURNE, 5 JULY 2022 |
Application for approval of the National Association of Aboriginal and Torres Strait Islander Health Workers and Practitioners Enterprise Agreement 2022
An application has been made for approval of an enterprise agreement known as the National Association of Aboriginal and Torres Strait Islander Health Workers and Practitioners Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by National Association of Aboriginal and Torres Strait Islander Health Workers & Practitioners Ltd T/A National Association of Aboriginal and Torres Strait Islander Health Workers & Practitioners Ltd. 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.
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.
I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):
· Clause 13.3 – Termination.
· Clause 26.2 – Annual Leave.
· Clause 28.5 and 28.12 – Personal/Carer’s Leave.
However, noting clause 4 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 is approved and, in accordance with s.54 of the Act, will operate from 12 July 2022. The nominal expiry date of the Agreement is 30 June 2025.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
<AE516551 PR743368>
Annexure A
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