Noah’s Ark Inc.

[2019] FWCA 5083

[2019] FWCA 5083

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Noah’s Ark Inc.
(AG2019/459)

NOAH’S ARK ENTERPRISE AGREEMENT 2018

Health and welfare services
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 23 JULY 2019

Application for approval of the Noah’s Ark Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Noah’s Ark Enterprise Agreement 2018 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Noah’s Ark Inc. (Employer). The Agreement is a single enterprise agreement.

[2] 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.

[3] Subject to the undertakings, 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.

[4] I observe that clause 44.3(d) of the Agreement, which states that an employee who refuses redeployment to an appropriate and suitable position will not be entitled to any redundancy pay, is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 3.2 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] The Australian Education Union and Health Services Union of Australia, being bargaining representatives for the Agreement, have given notice under s.183 of the Act seeking to be covered by the Agreement. In accordance with s.201(2), I note that the Agreement covers the organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 July 2019. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE504544  PR710564>

Annexure A