Palliative Care South East Ltd

[2020] FWCA 2022

[2020] FWCA 2022

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Palliative Care South East Ltd
(AG2020/570)

PALLIATIVE CARE SOUTH EAST HEALTH PROFESSIONALS AND SUPPORT SERVICES ENTERPRISE AGREEMENT 2019

Health and welfare services
DEPUTY PRESIDENT YOUNG	MELBOURNE, 17 APRIL 2020

Application for approval of the Palliative Care South East Health Professionals and Support Services Enterprise Agreement 2019.

[1] Palliative Care South East Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Palliative Care South East Health Professionals and Support Services Enterprise Agreement 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application, and the accompanying statutory declaration, 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] The Health Services Union of Australia, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 17 April 2020 and, in accordance with s 54, will operate from 24 April 2020. The nominal expiry date of the Agreement is 30 September 2023.

DEPUTY PRESIDENT

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Annexure A