Eastern Melbourne Healthcare Network Ltd
[2024] FWCA 2277
•19 JUNE 2024
| [2024] FWCA 2277 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Eastern Melbourne Healthcare Network Ltd
(AG2024/1794)
EMPHN ENTERPRISE AGREEMENT 2024
| Health and welfare services | |
| DEPUTY PRESIDENT COLMAN | MELBOURNE, 19 JUNE 2024 |
Application for approval of the EMPHN Enterprise Agreement 2024
Eastern Melbourne Healthcare Network Ltd has made an application for approval of an enterprise agreement known as the EMPHN Enterprise Agreement 2024 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
While the application is generally in order, the employees were not provided with the notice of employee representational rights (NERR) in the prescribed form. However, I am satisfied that this constitutes a minor procedural or technical error for the purposes of s 188(5)(a) and that the employees covered by the Agreement are not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188 of the Act.
The employer has provided written undertakings, a copy of which 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 they will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.
Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval has been met.
The Agreement was approved on 19 June 2024.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE525106 PR776189>
Annexure A
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