Bethesda Hospital Inc.

[2019] FWCA 782

[2019] FWCA 782

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bethesda Hospital Inc.
(AG2018/4911)

BETHESDA HEALTH CARE ENROLLED NURSES, HOSPITALITY AND MAINTENANCE EMPLOYEES’ AGREEMENT 2018

Health and welfare services
COMMISSIONER BISSETT	MELBOURNE, 8 FEBRUARY 2019

Application for approval of the Bethesda Health Care Enrolled Nurses, Hospitality and Maintenance Employees’ Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Bethesda Health Care Enrolled Nurses, Hospitality and Maintenance Employees’ Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bethesda Hospital Inc. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[4] Subject to the Undertakings, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[5] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The United Voice (UV) and Australian Nursing and Midwifery Federation (ANMF) being bargaining representatives for the Agreement, 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 organisations.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 February 2019. The nominal expiry date of the Agreement is 15 March 2021.

COMMISSIONER

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Annexure A