Alwyn Holdings Pty Ltd
[2024] FWCA 2355
•24 JUNE 2024
| [2024] FWCA 2355 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Alwyn Holdings Pty Ltd
(AG2024/1626)
ALWYN REHABILITATION HOSPITAL, HSU NSW/ACT/QLD BRANCH ENTERPRISE AGREEMENT 2023
| Healthcare industry | |
| DEPUTY PRESIDENT SLEVIN | SYDNEY, 24 JUNE 2024 |
Application for approval of the Alwyn Rehabilitation Hospital, HSU NSW/ACT/QLD Branch Enterprise Agreement 2023
An application has been made for approval of an enterprise agreement known as the Alwyn Rehabilitation Hospital, HSU NSW/ACT/QLD Branch Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Alwyn Holdings Pty Ltd. The Agreement is a single enterprise agreement. The Commission must approve the Agreement if satisfied that the requirements in ss. 186 and 187 are met.
The application was lodged a day outside the time required by s 185(3)(a). In the circumstances I consider it fair to extend the period in which the application must be made by one day in accordance with s 185(3)(b).
Section 186(2)(d) requires the Commission to be satisfied the Agreement passes the better off overall test (BOOT). The test is found in s.193 of the Act and it is to be applied in accordance with s.193A. Under s.193 the Commission must be satisfied, as at the time the application for approval was made, that each award covered employee, and each reasonably foreseeable employee, for the agreement would be better off overall if the agreement applied to the employee than the relevant modern award. Here the relevant award is the Health Professionals and Support Services Award 2020 (the Award).
There was some correspondence with the applicant about the way rates of pay were expressed in the Agreement. Given the explanations provided by the applicant and having regard to s.193A(6), and in particular the types of employment and patterns of work of the employees covered by the Agreement, I am satisfied that the BOOT is met.
The Agreement does not cover all of the employees of the employer, however, taking into account the factors in sections 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.
Having regard to the explanations set out above and the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss.186 and 187 are met.
The Health Servies 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) I note that the Agreement covers the organisation.
The Agreement was approved on 24 June 2024 and, in accordance with s.54, will operate from 1 July 2024. The nominal expiry date of the Agreement at clause 1.3 is 1 January 2026.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE525182 PR776371>
0
0
0