The Trustee for The Salvation Army (Vic) Social Work T/A James Barker House

[2019] FWCA 1103

[2019] FWCA 1103

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Trustee for The Salvation Army (Vic) Social Work T/A James Barker House
(AG2018/4934)

THE JAMES BARKER HOUSE, ANMF AND HWU ENTERPRISE AGREEMENT 2018

Health and welfare services
DEPUTY PRESIDENT MASSON	MELBOURNE, 20 FEBRUARY 2019

Application for approval of The James Barker House, ANMF and HWU Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the James Barker House, ANMF and HWU Enterprise Agreement 2018 (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 The Salvation Army (Vic) Social Work T/A James Barker House. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] I note that Clauses 37.8, 54.3, 45.1 are inconsistent with the National Employment Standards as clause 37.8 exempts probationary employees from redundancy provisions, clause 54.3 provides an employee’s personal leave entitlement in hours, and clause 45 provides 48 ordinary hours. 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.

[5] The Australian Nursing and Midwifery Federation (ANMF) and the Health Services Union (HSU) being a bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 February 2019. The nominal expiry date of the Agreement is 31 May 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE501900  PR705122>

Annexure A