Warrina Innisfail

[2020] FWCA 4497

[2020] FWCA 4497

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Warrina Innisfail
(AG2020/1754)

WARRINA INNISFAIL AND ADMINISTRATION STAFF ENTERPRISE AGREEMENT 2019

Aged care industry
DEPUTY PRESIDENT LAKE	BRISBANE, 26 AUGUST 2020

Application for approval of the Warrina Innisfail and Administration Staff Enterprise Agreement 2019 - approved with undertakings.

[1] An application has been made for approval of an enterprise agreement known as the the Warrina Innisfail and Administration Staff Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Warrina Innisfail (the Applicant). The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. In accordance with s 190, 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.

[3] I am satisfied that in accordance with s.188(1), the Applicant took all reasonable steps to ensure that the terms of the agreement, and the effect of those terms, were explained to the employees and the explanation was provided in an appropriate manner.

[4] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

•  Clause 29.5(b) – Notice to Employer.

However, noting Clause 6 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.

[5] 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.

[6] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 September 2020. The nominal expiry date of the Agreement is 31 July 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE508838  PR722137>

Annexure A