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austlii:cth/FWCA/2019/5875
procedural. The Agreement was approved and will operate from 2 September 2019 with a nominal expiry date of 31 May 2021.
The Fair Work Commission approved an enterprise agreement for an aged care facility. The employer provided undertakings to address certain issues, which were accepted because they wouldn't disadvantage employees or substantially change the agreement. Some clauses were inconsistent with minimum employment standards, but this didn't prevent approval because the agreement had a clause ensuring the better entitlements would apply. The unions involved were also covered by the agreement. The agreement will operate from 2 September 2019 until 31 May 2021.
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1 cited instrument linked from this judgment.
s.185 - Enterprise agreement
Pakenham and District Hospitals Inc. T/A Millhaven Lodge
PAKENHAM AND DISTRICT HOSPITALS INC. (TRADING AS MILLHAVEN LODGE), ANMF AND HSU ENTERPRISE AGREEMENT 2017
Application for approval of the Pakenham and District Hospitals Inc. (trading as Millhaven Lodge), ANMF and HSU Enterprise Agreement 2017.
[1] An application has been made for approval of an enterprise agreement known as the Pakenham and District Hospitals Inc. (trading as Millhaven Lodge), ANMF and HSU Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Pakenham and District Hospitals Inc. T/A Millhaven Lodge. 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 that Clauses 54.3, 54.5 and 56.11 are inconsistent with the National Employment Standards (NES). Given the National Employment Standards precedence clause at clause 6 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.
[5] The Australian Nursing and Midwifery Federation (ANMF) and the Health Services Union (HSU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.
[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 September 2019. The nominal expiry date of the Agreement is 31 May 2021.
Printed by authority of the Commonwealth Government Printer
The Agreement was approved and will operate from 2 September 2019 with a nominal expiry date of 31 May 2021.