Nganampa Health Council Inc T/A Nganampa Health Council Inc

[2022] FWCA 1392

[2022] FWCA 1392

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Nganampa Health Council Inc T/A Nganampa Health Council Inc

(AG2022/1045)

Nganampa Health Council Inc Community Health Nursing Employees & ANMF SA Branch Enterprise Agreement 2020.

Indigenous organisations and services
COMMISSIONER LEE	MELBOURNE, 26 APRIL 2022

Application for approval of the Nganampa Health Council Inc Community Health Nursing Employees & ANMF SA Branch Enterprise Agreement 2020

1. An application has been made for approval of an enterprise agreement known as the Nganampa Health Council Inc Community Health Nursing Employees & ANMF SA Branch Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Nganampa Health Council Inc T/A Nganampa Health Council Inc. 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 Australian Nursing and Midwifery Federation 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 provisions are likely to be inconsistent with the National Employment Standards (NES):

·   Clause 4.5.5(b) – Termination of Employment.

·   Clause 7.1.3 – Annual Leave.

·   Clause 7.3.5(b) – Personal Leave.

·   Clause 7.8.2 – Public Holidays.

However, noting clause 2.6 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 3 May 2022. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

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