Women’s Health Goulburn North East Inc T/A Women’s Health Goulburn North East

[2020] FWCA 5296

[2020] FWCA 5296

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Women’s Health Goulburn North East Inc T/A Women’s Health Goulburn North East
(AG2020/2669)

WOMEN’S HEALTH GOULBURN NORTH EAST ENTERPRISE AGREEMENT 2020

Social, community, home care and disability services
DEPUTY PRESIDENT MASSON	MELBOURNE, 2 OCTOBER 2020

Application for approval of the Women’s Health Goulburn North East Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Women’s Health Goulburn North East Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Women’s Health Goulburn North East Inc T/A Women’s Health Goulburn North East. 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. The undertakings are taken to be a term of 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 that Clause 30.1 is inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 6.1 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[5] The Agreement lodged contained numerous cross-referencing errors at Clause 31. On the 1 October 2020, the Applicant filed an amended page to the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 October 2020. The nominal expiry date of the Agreement is 1 July 2023.

DEPUTY PRESIDENT

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Annexure A