DPG Services Pty Ltd T/A Opal HealthCare

Case

[2024] FWCA 4543

17 DECEMBER 2024


[2024] FWCA 4543

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

DPG Services Pty Ltd T/A Opal HealthCare

(AG2024/3891)

OPAL HEALTHCARE (WESTERN AUSTRALIA) ENTERPRISE AGREEMENT 2023

Aged care industry

COMMISSIONER SCHNEIDER

PERTH, 17 DECEMBER 2024

Application for approval of the Opal HealthCare (Western Australia) Enterprise Agreement 2023

  1. DPG Services Pty Ltd T/A Opal HealthCare (the Applicant) has made an application for the approval of an enterprise agreement known as the Opal HealthCare (Western Australia) Enterprise Agreement 2023 (the Agreement). The application was made under section 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

  1. The Applicant has provided a written undertaking. A copy of the undertaking is attached to the Agreement. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

  1. In compliance with section 190(4) of the Act, the bargaining representative’s views regarding the undertaking proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered. No objection was raised.

  1. Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of sections 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

  1. The Health Services Union, the United Workers’ Union, and the Australian Nursing and Midwifery Federation (collectively, the Unions), being bargaining representatives for the Agreement, have given notice under section 183 of the Act that they seek coverage under the Agreement. In accordance with section 201(2) of the Act, and based on the declarations provided by the Unions, I confirm that the Unions are covered by the Agreement.

  1. The Agreement is approved and, in accordance with section 54 of the Act, will operate from 24 December 2024. The nominal expiry date of the Agreement is 30 September 2026.


COMMISSIONER

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