Calvary Health Care ACT Limited and Calvary Bruce Private Hospital Limited

Case

[2022] FWCA 3432

5 OCTOBER 2022


[2022] FWCA 3432

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Calvary Health Care ACT Limited and Calvary Bruce Private Hospital Limited

(AG2022/3916)

Calvary Private Hospital Bruce Nursing and Midwifery Services Enterprise Agreement 2021

Health and welfare services

DEPUTY PRESIDENT DEAN

CANBERRA, 5 OCTOBER 2022

Application for approval of the Calvary Private Hospital Bruce Nursing and Midwifery Services Enterprise Agreement 2021.

  1. An application has been made for approval of an enterprise agreement known as the Calvary Private Hospital Bruce Nursing and Midwifery Services Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Calvary Health Care ACT Limited and Calvary Bruce Private Hospital Limited (Employers). The Agreement is a single enterprise agreement.

  1. 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.

  2. The Australian Nursing and Midwifery Federation, 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.

  1. The Agreement lodged contained drafting errors at clauses 46(e)(i) and 52(l)(i). The Employers sought to correct the errors and filed amended Agreement pages. I am satisfied that the corrections should be made and that it is appropriate to do so pursuant to s.586 of the Act.

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 October 2022. The nominal expiry date of the Agreement is 1 March 2024.

DEPUTY PRESIDENT

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