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

[2014] FWCA 5709

[2014] FWCA 5709

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Calvary Private Health Care Canberra Limited T/A Calvary John James Hospital
(AG2014/6558)

CALVARY JOHN JAMES HOSPITAL NURSING AND MIDWIFERY ENTERPRISE AGREEMENT 2014.

Health and welfare services
DEPUTY PRESIDENT BOOTH	SYDNEY, 20 AUGUST 2014

Application for approval of the Calvary John James Hospital Nursing and Midwifery Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Calvary John James Hospital Nursing and Midwifery Enterprise Agreement 2014 (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 Ltd (T/A Calvary John James Hospital). The agreement is a single-enterprise agreement.

[2] The Agreement does not contain a flexibility term. I note that the model flexibility term is taken, pursuant to s.205(2) of the Act, to be a term of the Agreement.

[3] An undertaking has been provided by Mr Shaune Gillespie, CEO, Calvary Private Health Care Canberra Ltd. The written undertaking concerning clause 8(b)(iii) will be taken to be a term of the Agreement pursuant to s.191 of the Act. The undertaking is attached to this decision.

[4] The Australian Nursing and Midwifery Federation, ACT Branch, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[5] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 August 2014. The nominal expiry date of the Agreement is 1 March 2017.

DEPUTY PRESIDENT

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