Calvary Health Care Tasmania Limited
[2018] FWCA 264
•12 JANUARY 2018
| [2018] FWCA 264 |
| FAIR WORK COMMISSION |
| decision |
Fair Work Act 2009
s.185—Enterprise agreement
Calvary Health Care Tasmania Limited
(AG2017/5079)
Calvary Health Care Tasmania (St Luke’s and St Vincent’s Campuses) Nursing Staff Enterprise Agreement 2017
| Tasmania | |
| Commissioner Harper-Greenwell | MELBOURNE, 12 JANUARY 2018 |
Application for approval of the Calvary Health Care Tasmania (St Luke’s and St Vincent’s Campuses) Nursing Staff Enterprise Agreement 2017.
An application has been made for approval of an enterprise agreement known as the Calvary Health Care Tasmania (St Luke’s and St Vincent’s Campuses) Nursing Staff Enterprise Agreement 2017 (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 Tasmania Limited. The Agreement is a single enterprise agreement.
The Applicant 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.
Subject to the undertakings referred to above, 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.
The Health Services Union of Australia and Australian Nursing and Midwifery Federation 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.
The Agreement was approved on 12 January 2018 and, in accordance with s.54, will operate from 19 January 2018. The nominal expiry date of the Agreement is 2 July 2019.
COMMISSIONER
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Annexure A
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