The Trustee for M E G Unit Trust T/A Melbourne Endoscopy Group
[2022] FWCA 336
•4 FEBRUARY 2022
| [2022] FWCA 336 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
The Trustee for M E G Unit Trust T/A Melbourne Endoscopy Group
(AG2021/9145)
Melbourne Endoscopy Group Nurses' Enterprise Agreement 2020
| Health and welfare services | |
| COMMISSIONER LEE | MELBOURNE, 4 FEBRUARY 2022 |
Application for approval of the Melbourne Endoscopy Group Nurses' Enterprise Agreement 2020
An application has been made for approval of an enterprise agreement known as the Melbourne Endoscopy Group Nurses’ Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Trustee for M E G Unit Trust T/A Melbourne Endoscopy Group. The Agreement is a single enterprise agreement.
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.
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.
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.
I observe that the following provision is likely to be inconsistent with the National Employment Standards (NES):
· Clause 29(d)(ii) – Personal/Carer’s Leave.
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.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 February 2022. The nominal expiry date of the Agreement is 12 September 2025.
COMMISSIONER
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Annexure A
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