Royal Institute For Deaf And Blind Children T/A Nextsense

[2022] FWCA 229

[2022] FWCA 229

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Royal Institute For Deaf And Blind Children T/A Nextsense
(AG2021/8704)

NEXTSENSE EMPLOYEES’ ENTERPRISE AGREEMENT 2021 - 2023

Health and welfare services
DEPUTY PRESIDENT BOYCE	SYDNEY, 28 JANUARY 2022

Application for approval of the NextSense Employees’ Enterprise Agreement 2021 - 2023

[1] An application has been made for approval of an enterprise agreement to be known as the NextSense Employees’ Enterprise Agreement 2021 - 2023 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Royal Institute For Deaf And Blind Children T/A Nextsense (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings dated 23 December 2021. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Health Professionals and Support Services Award 2020; Social, Community, Home Care and Disability Services Industry Award 2010; Children’s Services Award 2010; Educational Services (Teachers) Award 2020; Professional Employees Award 2020; Miscellaneous Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

[3] The following employee organisations (all of which were bargaining representatives for the Agreement), have given notice under s.183 of the Act that they want to be covered by the Agreement:

Australian Education Union (AEU);

Independent Education Union of Australia (IEU);

Health Services Union (HSU NSW/ACT/QLD Branch);

Health Services Union (HSU Victoria No. 3 Branch, trading as the Victorian Allied Health Professionals Association); and

Health Services Union (HSU Victoria No. 4 Branch, trading as the Medical Scientists Association of Victoria).

[4] In accordance with s.201(2) of the Act, I note that the Agreement covers these organisations.

[5] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[6] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES. In this regard, I particularly note clauses 2.6.2, 2.7.2, 9.5.2 (cf. 9.5.1), 9.6.3, 10.2.2 and 10.6 of the Agreement, and the submissions of the Applicant concerning same (dated 23 December 2021) in relation to the application of the NES.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 February 2022. The nominal expiry date of the Agreement is 4 February 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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Annexure A