Cabrini Health Ltd t/a Cabrini Health
[2024] FWCA 4142
•26 NOVEMBER 2024
| [2024] FWCA 4142 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Cabrini Health Ltd t/a Cabrini Health
(AG2024/3911)
CABRINI MEDICAL SCIENTISTS, DIETITIANS, PHARMACISTS AND PSYCHOLOGISTS AGREEMENT 2024
| Health and welfare services | |
| DEPUTY PRESIDENT ROBERTS | SYDNEY, 26 NOVEMBER 2024 |
Application for approval of the Cabrini Medical Scientists, Dietitians, Pharmacists and Psychologists Agreement 2024
An application has been made for approval of an enterprise agreement known as the Cabrini Medical Scientists, Dietitians, Pharmacists and Psychologists Agreement 2024 (the Agreement or proposed agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Cabrini Health Ltd t/a Cabrini Health (the Applicant). The Agreement is a single enterprise agreement.
After receipt of the application, I raised a concern with the Applicant in relation to the Notice of Employee Representational Rights (NERR) that was issued to employees who would be covered by the Agreement. The NERR referred to the employees covered by the proposed agreement as including those working at corporate sites located at Prahan and Hawthorn East. The Agreement does not extend to those sites. Further, the title of the proposed agreement in the NERR was substantially similar but not identical to the title of the Agreement. The title of the proposed agreement in the NERR included a reference to the year 2023 rather than 2024, as is the case with the Agreement. The Applicant submitted that the reference to the year 2023 could be explained by the fact that negotiations commenced in 2023 but did not conclude until 2024. The Applicant also submitted that the references to the corporate sites were not material as the Applicant no longer engages employees covered by the Agreement at either site. I am satisfied in the circumstances that the discrepancies in the NERR are minor technical errors for the purposes of s.188(5) of the Act and that the employees were not likely to have been disadvantaged by the errors. I propose to disregard the errors under s.188(5).
The Applicant has provided written undertakings (Annexure A). In accordance with s.190(4) of the Act the views of the bargaining representatives for the agreement were sought in relation to the undertakings. 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.
Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as is relevant to this application for approval has been met. The undertakings are taken to be a term of the Agreement.
I note that Clause 3(h) of the Agreement provides that if an employee is entitled to a greater benefit under the National Employment Standards (NES) or other statutory provision than under any provision of the Agreement, the Employee is entitled to the greater benefit under the NES or such relevant statutory provision.
The Health Services Union, Victoria No. 4 Branch (HSU) lodged a Form F18 statutory declaration giving 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 the Agreement covers the HSU.
The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 June 2027.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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Annexure A
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