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

[2020] FWCA 6599

[2020] FWCA 6599

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Calvary Private Health Care Canberra Limited T/A Calvary John James Hospital
(AG2020/3252)

CALVARY JOHN JAMES HOSPITAL NURSING AND MIDWIFERY ENTERPRISE AGREEMENT 2019

Health and welfare services
DEPUTY PRESIDENT MASSON	MELBOURNE, 8 DECEMBER 2020

Application for approval of the Calvary John James Hospital Nursing and Midwifery Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Calvary John James Hospital Nursing and Midwifery Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Calvary Private Health Care Canberra Limited T/A Calvary John James Hospital. 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. The undertakings are taken to be a term of the agreement.

[3] 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.

[4] The Notice of Representational Rights (Notice) provided with the Application appears to provide content in the footer, which is additional content not otherwise prescribed by the Act. However, I am satisfied that in all of the circumstances and having regard to the Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others 1, this constitutes a minor procedural or technical error for the purposes of s 188(2)(a). Further, I am satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the error.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 December 2020. The nominal expiry date of the Agreement is 1 March 2022.

DEPUTY PRESIDENT

Annexure A

 1   [2019] FWCFB 245

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