NNA Homecare Services Pty Ltd

[2020] FWCA 4416

[2020] FWCA 4416

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

NNA Homecare Services Pty Ltd
(AG2020/1812)

NNA HOMECARE PTY LTD HOME CARE ENTERPRISE AGREEMENT 2020

Social, community, home care and disability services
DEPUTY PRESIDENT LAKE	BRISBANE, 20 AUGUST 2020

Application for approval of the NNA Homecare Pty Ltd Home Care Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the NNA Homecare Pty Ltd Home Care 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 NNA Homecare Services Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. In accordance with s 190, 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.

[3] I am satisfied that in accordance with s.188(1), the Applicant took all reasonable steps to ensure that the terms of the agreement, and the effect of those terms, were explained to the employees and the explanation was provided in an appropriate manner.

[4] I observe that Clause 36 of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting Clause 5.3 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.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 August 2020. The nominal expiry date of the Agreement is 20 August 2024.

DEPUTY PRESIDENT

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Annexure A