Adventist HealthCare Limited

[2015] FWCA 5061

[2015] FWCA 5061

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Adventist HealthCare Limited
(AG2015/3904)

ADVENTIST HEALTHCARE LIMITED ALLIED HEALTH AND SUPPORT SERVICES STAFF ENTERPRISE AGREEMENT 2015-2017.

Health and welfare services
DEPUTY PRESIDENT BOOTH	SYDNEY, 24 JULY 2015

Application for approval of the Adventist HealthCare Limited Allied Health and Support Services Staff Enterprise Agreement 2015-2017.

[1] An application has been made for approval of an enterprise agreement known as the Adventist HealthCare Limited Allied Health and Support Services Staff Enterprise Agreement 2015-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Adventist HealthCare Limited. The agreement is a single-enterprise agreement.

[2] The Agreement does contain a flexibility term, however, it is not a flexibility term which complies with s.203(2) of the Act. I note that the model flexibility term is taken, pursuant to s.202(4) of the Act, to be a term of the Agreement. A copy of the model flexibility term is attached to this decision.

[3] The HSU New South Wales Branch, 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.

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

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 July 2015. The nominal expiry date of the Agreement is 30 June 2017.

DEPUTY PRESIDENT

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