Wesley Community Services Limited T/A Wesley Mission

[2018] FWCA 7221

[2018] FWCA 7221

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wesley Community Services Limited T/A Wesley Mission
(AG2018/2912)

WESLEY MISSION HOSPITALS AND HSU - NSW ENTERPRISE AGREEMENT 2018-2019

Health and welfare services
DEPUTY PRESIDENT MASSON	MELBOURNE, 26 NOVEMBER 2018

Application for approval of the Wesley Mission Hospitals and HSU - NSW Enterprise Agreement 2018-2019.

[1] An application has been made for approval of an enterprise agreement known as the Wesley Mission Hospitals and HSU - NSW Enterprise Agreement 2018-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Wesley Community Services Limited T/A Wesley Mission. 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 the following provisions are inconsistent with the National Employment Standards:

● Clause 39 which states that a household is defined as a family group living together in the same domestic dwelling;

● Clause 35 defines a casual as one that is engaged on an hourly basis and further excludes casuals from paid leave.

Given the National Employment Standards precedence clause at Clause 7(ii) of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[5] The Health Services Union (HSU) 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 December 2018. The nominal expiry date of the Agreement is 31 December 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE500867  PR702636>

Annexure A