Skin Health Institute Inc T/A Skin Health Institute

Case

[2025] FWCA 202

20 JANUARY 2025


[2025] FWCA 202

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Skin Health Institute Inc T/A Skin Health Institute

(AG2024/5220)

SKIN HEALTH INSTITUTE AND THE AUSTRALIAN NURSING AND MIDWIFERY FEDERATION ENTERPRISE AGREEMENT 2024

Health and welfare services

DEPUTY PRESIDENT O’NEILL

MELBOURNE, 20 JANUARY 2025

Application for approval of the Skin Health Institute and the Australian Nursing and Midwifery Federation Enterprise Agreement 2024

  1. An application has been made for approval of an enterprise agreement known as the Skin Health Institute and the Australian Nursing and Midwifery Federation Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Skin Health Institute Inc T/A Skin Health Institute. The Agreement is a single enterprise agreement.

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

  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. I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

·           Clause 19(f) - Casual Conversion.

However, noting clause 7 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 January 2025. The nominal expiry date of the Agreement is 30 June 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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