St Catherine’s Hostel Wangaratta Inc. T/A St Catherine’s Hostel
[2022] FWCA 4272
•6 DECEMBER 2022
| [2022] FWCA 4272 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
St Catherine’s Hostel Wangaratta Inc. T/A St Catherine’s Hostel
(AG2022/4839)
St Catherines Hostel Wangaratta Inc (trading as St Catherine’s Hostel), ANMF and HSU Enterprise Agreement 2021
| Aged care industry | |
| DEPUTY PRESIDENT DEAN | CANBERRA, 6 DECEMBER 2022 |
Application for approval of the St Catherines Hostel Wangaratta Inc (trading as St Catherine’s Hostel), ANMF and HSU Enterprise Agreement 2021.
An application has been made for approval of an enterprise agreement known as the St Catherines Hostel Wangaratta Inc (trading as St Catherine’s Hostel), ANMF and HSU Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by St Catherine’s Hostel Wangaratta Inc. T/A St Catherine’s Hostel. The Agreement is a single enterprise agreement.
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.
I observe that the provisions of the Agreement at clause 36.2 and 53.5 are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 6.1 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.
The Australian Nursing and Midwifery Federation and the Health Services Union of Australia, being bargaining representatives for the Agreement, have given notice under section 183 of the Act that they want the Agreement to cover their organisation. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisations.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 December 2022. The nominal expiry date of the Agreement is 31 May 2024.
DEPUTY PRESIDENT
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