Victorian Hospital’s Industrial Association

[2022] FWCA 771

[2022] FWCA 771

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Victorian Hospital’s Industrial Association

(AG2022/410)

National Ageing Research Institute Limited Enterprise Agreement 2021-2024

Educational services
COMMISSIONER MIRABELLA	MELBOURNE, 3 MARCH 2022

Application for approval of the National Ageing Research Institute Limited Enterprise Agreement 2021-2024.

1. The Victorian Hospital’s Industrial Association has made an application for approval of an enterprise agreement known as the National Ageing Research Institute Limited Enterprise Agreement 2021-2024 (the Agreement) pursuant to s. 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

1. The National Ageing Research Institute Limited (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.

1. Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

1. I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

·   Clause 17.5.2 – Illness while on annual leave

·   Clause 32.2.2 – Notice of termination

·   Clause 19.5.2 – Personal leave

·   Clause 23.1.2 – Jury service

·   Clause 18.3.1(n) – Public holiday

·   Clause 32.1.5 – Notice of termination

·   Clause 33.8 – Redundancy

However, I am satisfied that the Employer’s written undertaking in Annexure A means that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Agreement was approved on 3 March 2022 and, in accordance with s. 54, will operate from 10 March 2022. The nominal expiry date of the Agreement is 1 July 2024.

COMMISSIONER

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Annexure A