Port Lincoln Aboriginal Health Service Inc

[2020] FWCA 2772

[2020] FWCA 2772

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Port Lincoln Aboriginal Health Service Inc
(AG2020/1306)

PORT LINCOLN ABORIGINAL HEALTH SERVICE EMPLOYEES ENTERPRISE AGREEMENT 2019

Health and welfare services
COMMISSIONER PLATT	ADELAIDE, 29 MAY 2020

Application for approval of the Port Lincoln Aboriginal Health Service Employees Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Port Lincoln Aboriginal Health Service Employees Enterprise Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Port Lincoln Aboriginal Health Service Inc (the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 27 May 2020.

[3] The Applicant previously lodged an application for approval of the Agreement on 16 March 2020, but subsequently withdrew the application due to a deficiency with the Notice of Employee Representational Rights (NERR). A compliant NERR was issued on 30 March 2020, which I have taken to be the notification time and another consultation and voting process has been conducted.

[4] I note that clause 2.6 of the Agreement is a National Employment Standards (NES) precedence clause, and therefore the NES applies to the extent of any inconsistency between the Agreement and the NES. On this basis:

•  Clause 7.4.4(b) the use of personal/carers leave will not be subject to the employee being responsible for the care and support of the person concerned.

[5] In addition, clause 5.5.3 which concerns deductions from termination pay will not operate in a manner inconsistent with s.324 and/or s.326 of the Act.

[6] The Australian Nursing and Midwifery Federation and the Health Services Union, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers these organisations.

[7] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 31 March 2022.

COMMISSIONER

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