Thompson Health Care Pty Ltd

[2021] FWCA 7019

[2021] FWCA 7019

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Thompson Health Care Pty Ltd
(AG2021/8469)

THOMPSON HEALTH CARE, NSWNMA, ANMF NSW BRANCH AND HSU NEW SOUTH WALES BRANCH ENTERPRISE AGREEMENT 2021

Aged care industry
COMMISSIONER MATHESON	SYDNEY, 8 DECEMBER 2021

Application for approval of the Thompson Health Care, NSWNMA, ANMF NSW Branch and HSU New South Wales Branch Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Thompson Health Care, NSWNMA, ANMF NSW Branch and HSU New South Wales Branch Enterprise Agreement 2021 (Agreement). The application was made by Thompson Health Care Pty Ltd (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

[2] I observe that certain provisions of the Agreement may be inconsistent with the National Employment Standards (NES). However, noting clause 6.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[3] On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to the application for approval of the Agreement have been met.

[4] The Australian Nursing and Midwifery Federation and Health Services Union, being 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) of the Act, I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 December 2021. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

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