Victorian Health Promotion Foundation (VicHealth)
[2022] FWCA 1282
•12 APRIL 2022
| [2022] FWCA 1282 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Victorian Health Promotion Foundation (VicHealth)
(AG2022/694)
Victorian Health Promotion Foundation (VicHealth) Enterprise Agreement 2021
| State and Territory government administration | |
| DEPUTY PRESIDENT MASSON | MELBOURNE, 12 APRIL 2022 |
Application for the approval of the Victorian Health Promotion Foundation (VicHealth) Enterprise Agreement 2021.
An application has been made for approval of an enterprise agreement known as the Victorian Health Promotion Foundation (VicHealth) 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 Victorian Health Promotion Foundation (VicHealth). The Agreement is a single enterprise agreement.
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.
I note that Clause 47.4 is inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 8.3 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.
The Community and Public Sector Union, 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.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 April 2022. The nominal expiry date of the Agreement is 31 October 2025.
DEPUTY PRESIDENT
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