Calvary Private Health Care Canberra Limited T/A Calvary John James Hospital

Case

[2025] FWCA 636

18 FEBRUARY 2025


[2025] FWCA 636

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.218A - application to vary an agreement to correct or amend errors, defects or irregularities

Calvary Private Health Care Canberra Limited T/A Calvary John James Hospital

(AG2025/271)

CALVARY HEALTH CARE – JOHN JAMES PRIVATE HOSPITAL – NURSES AND MIDWIVES ENTERPRISE AGREEMENT 2024 – 2026.

Health and welfare services

COMMISSIONER MCKINNON

SYDNEY, 18 FEBRUARY 2025

Application for variation of the Calvary Health Care – John James Private Hospital – Nurses and Midwives Enterprise Agreement 2024 – 2026.

  1. Calvary Private Health Care Canberra Limited T/A Calvary John James Hospital (“Calvary”) has applied to vary the table in clause A.1.2 of Schedule A to the Calvary Health Care – John James Private Hospital – Nurses and Midwives Enterprise Agreement 2024 – 2026[1] (the Agreement) to correct calculation errors. The proposed variations are set out in Annexure A to this Decision. The Australian Nursing and Midwifery Federation does not object to the application.

  1. On the materials, I find clause A.1.2 of Schedule A to the Agreement to be affected by obvious errors in relation to the amounts specified for:

a.In Charge Allowance – RN in Charge of Ward

b.In Charge Allowance – Operating Theatre Manager

c.On-Call & Disturbance Allowances, and

d.Qualification Allowances.

  1. The Agreement will be varied to correct the errors under section 218A of the Fair Work Act 2009. The variation will give effect to the agreement reached between the parties and is necessary to provide certainty about the amount of each allowance in clause A.1.2 of the Agreement.

  1. The variation will operate retrospectively from the date the Agreement commenced operation, being 17 December 2024. A consolidated version of the Agreement as varied is attached to this Decision.

COMMISSIONER

Annexure A


[1] AE526960; [2024] FWCA 4195.

Printed by authority of the Commonwealth Government Printer

<AE526960  PR784482>

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