Woodose Pty Ltd T/A South Pacific Private

[2019] FWCA 824

[2019] FWCA 824

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Woodose Pty Ltd T/A South Pacific Private
(AG2018/7291)

SOUTH PACIFIC PRIVATE AND NSWNMA-ANMF NSW BRANCH ENTERPRISE AGREEMENT 2018-2020

Health and welfare services
COMMISSIONER LEE	MELBOURNE, 13 FEBRUARY 2019

Application for approval of the South Pacific Private and NSWNMA-ANMF NSW Branch Enterprise Agreement 2018-2020.

[1] An application has been made for approval of an enterprise agreement known as the South Pacific Private and NSWNMA-ANMF NSW Branch Enterprise Agreement 2018-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Woodose Pty Ltd T/A South Pacific Private. The Agreement is a single enterprise agreement.

[2] 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.

[3] The Australian Nursing and Midwifery Federation 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.

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

•  Clause 21.11 – Part-Time and Casual Employees

However, noting clause 42 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 February 2019. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

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