Sitka HR Pty Ltd

Case •

[2023] FWCA 314

•

1 FEBRUARY 2023
[2023] FWCA 314

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Sitka HR Pty Ltd

(AG2022/5516)

SITKA HR PTY LTD, ANMF AND HSU ENTERPRISE AGREEMENT 2022

Aged care industry

DEPUTY PRESIDENT MASSON

MELBOURNE, 1 FEBRUARY 2023

Application for approval of the SITKA HR PTY LTD, ANMF and HSU Enterprise Agreement 2022.

  1. An application has been made for approval of an enterprise agreement known as the SITKA HR PTY LTD, ANMF and HSU Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sitka HR Pty Ltd. The Agreement is a single enterprise agreement.

  1. 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.

  1. Subject to the undertakings referred to above, 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.

  1. I note that Clause 31.2(b) may be inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 6.1 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

  1. The Australian Nursing and Midwifery Federation 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) I note that the Agreement covers the organisation.

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 February 2023. The nominal expiry date of the Agreement is 31 May 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE519049  PR750122>

Annexure A

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