Adelaide Community Healthcare Alliance Incorporated T/A Adelaide Community Healthcare Alliance

[2022] FWCA 4309

[2022] FWCA 4309

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Adelaide Community Healthcare Alliance Incorporated T/A Adelaide Community Healthcare Alliance

(AG2022/4947)

Adelaide Community Healthcare Alliance – Health Services Employees – Enterprise Agreement 2022

Health and welfare services
COMMISSIONER PLATT	ADELAIDE, 9 DECEMBER 2022

Application for approval of the Adelaide Community Healthcare Alliance – Health Services Employees – Enterprise Agreement 2022

1. An application has been made for approval of an enterprise agreement known as the Adelaide Community Healthcare Alliance – Health Services Employees – Enterprise Agreement 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Adelaide Community Healthcare Alliance Incorporated T/A Adelaide Community Healthcare Alliance (the Applicant). The agreement is a single enterprise agreement.

1. The matter was allocated to my Chambers on 2 December 2022 and was determined on the papers.

1. The Applicant has submitted an undertaking in the required form dated 7 December 2022. The undertaking is that casual employees who work in excess of 10 hours per shift and/or in excess of 76 hours in a fortnight will be paid at overtime rates. The applicable overtime rates can be seen in the undertaking attached to the Agreement.

1. A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives did not express any view on the undertaking.

1. The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

1. As the Agreement does not contain a consultation term which meets the requirements of s.205 of the Act, the model consultation term is taken to be a term of the Agreement.

1. The United Workers’ Union (UWU), 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) of the Act I note that the Agreement covers this organisation.

1. I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 30 June 2025.

COMMISSIONER

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