Phillip Island Nature Parks
[2022] FWCA 1359
•22 APRIL 2022
| [2022] FWCA 1359 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Phillip Island Nature Parks
(AG2022/998)
PHILLIP ISLAND NATURE PARKS AGREEMENT 2021 - 2024
| Amusement, events and recreation industry | |
| COMMISSIONER MIRABELLA | MELBOURNE, 22 APRIL 2022 |
Application for the approval of the PHILLIP ISLAND NATURE PARKS AGREEMENT 2021 – 2024.
Phillip Island Nature Parks (the Employer) has made an application for approval of an enterprise agreement known as the PHILLIP ISLAND NATURE PARKS AGREEMENT 2021 - 2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). 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, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187, 188 and 190, as are relevant to this application for approval, have been met.
I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):
- Clause 27.5 – Personal/carer’s leave
- Clause 40.3 – Deduction upon termination
However, I am satisfied that the Employer’s written undertaking in Annexure A means that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Australian Municipal, Administrative, Clerical and Services Union, 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) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.
The Agreement was approved on 22 April 2022 and, in accordance with s.54, will operate from 29 April 2022. The nominal expiry date of the Agreement is 30 November 2024.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
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Annexure A
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