Adelaide Community Healthcare Alliance Incorporated T/A Flinders Private Hospital
[2023] FWCA 2015
•3 JULY 2023
| [2023] FWCA 2015 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Adelaide Community Healthcare Alliance Incorporated T/A Flinders Private Hospital
(AG2023/2090)
APPLICATION FOR APPROVAL OF THE ACHA - ALLIED HEALTH EMPLOYEES - ENTERPRISE AGREEMENT - 2023
| Health and welfare services | |
| COMMISSIONER JOHNS | MELBOURNE, 3 JULY 2023 |
Application for approval of the ACHA - Allied Health Employees - Enterprise Agreement - 2023
An application has been made for approval of an enterprise agreement known as the ACHA - ALLIED HEALTH EMPLOYEES - ENTERPRISE AGREEMENT - 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Adelaide Community Healthcare Alliance Incorporated T/A Flinders Private Hospital. The Agreement is a single enterprise agreement.
An assessment of the Agreement has identified that several clauses may be inconsistent with the National Employment Standards (NES). In particular,
a)Clause 19.6 (casual conversion) may be inconsistent with s66B(1)(b) of the Act.
b)Clause 39.8 (compassionate leave) appears to be silent on the entitlement to leave where the employee, their partner or spouse has a miscarriage or gives birth to a stillborn child pursuant s.104 of the Act.
At clause 5.1.1 of the Agreement there is a clause that gives precedence to the NES over the Agreement to the extent the Agreement contains less favourable terms. Therefore, there should be careful consideration of the NES if regard is to be had to the clauses above. Noting the NES precedence clause, to the extent that any clause in the Agreement is inconsistent with the NES, it is not an impediment to the approval of the Agreement.
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.
The Health Services Union 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 the organisation.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 July 2023. The nominal expiry date of the Agreement is 1 April 2027.
COMMISSIONER
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