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austlii:cth/FWCA/2022/4555
procedural. The Euroa Health Inc. Enterprise Agreement 2022 was approved. The Agreement will operate from 28 December 2022 with a nominal expiry date of 30 June 2026. The undertakings provided by the Employer...
The Fair Work Commission approved a new enterprise agreement for Euroa Health Inc. The employer provided written promises (undertakings) to fix a potential problem with a clause about termination of employment that might have conflicted with minimum employment standards. The Commission accepted these undertakings because they wouldn't disadvantage employees or substantially change the agreement. The agreement will start on 28 December 2022 and expire on 30 June 2026. Two unions—the nurses' union and the health workers' union—are covered by the agreement.
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1 cited instrument linked from this judgment.
s.185 - Enterprise agreement
Victorian Hospitals Industrial Association T/A Victorian Hospital's Industrial Association
Application for approval of the Euroa Health Inc. Enterprise Agreement 2022.
[1] Victorian Hospitals Industrial Association T/A Victorian Hospital's Industrial Association (the Employer) has made an application for the approval of the Euroa Health Inc. Enterprise Agreement 2022 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
[2] The Employer has provided written undertakings, a copy of which are attached as Annexure A to this decision. The undertakings can be accepted under s.190 of the Act because I am satisfied that they will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement pursuant to s.191 of the Act.
[3] Subject to the Employer's undertakings, I am satisfied that each relevant requirement in sections 186, 187, 188 and 190 of the Act has been met.
[4] I note that Clause 30.3(b) - Termination of Employment is potentially inconsistent with the National Employment Standards (NES). Noting the undertaking provided by the Employer, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
[5] The Australian Nursing and Midwifery Federation (ANMF) and Health Services Union Victoria No.1 Branch T/A Health Workers Union (HSU) were bargaining representatives for the Agreement and 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 ANMF and HSU.
[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 December 2022. The nominal expiry date of the Agreement is 30 June 2026.
Printed by authority of the Commonwealth Government Printer
The Euroa Health Inc. Enterprise Agreement 2022 was approved. The Agreement will operate from 28 December 2022 with a nominal expiry date of 30 June 2026. The undertakings provided by the Employer were accepted and taken to be a term of the agreement. The Agreement covers the ANMF and HSU.