EMA Consulting Pty Ltd T/A EMA Consulting

[2024] FWCA 572

[2024] FWCA 572

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

EMA Consulting Pty Ltd T/A EMA Consulting

(AG2024/40)

BURNSIDE HOSPITAL STEPNEY HEALTH SERVICES SUPPORT EMPLOYEES ENTERPRISE AGREEMENT 2023

Health and welfare services
COMMISSIONER PLATT	ADELAIDE, 12 FEBRUARY 2024

Application for approval of the Burnside Hospital Stepney Health Services Support Employees Enterprise Agreement 2023

1. An application has been made for approval of an enterprise agreement known as the Burnside Hospital Stepney Health Services Support Employees Enterprise Agreement 2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by EMA Consulting Pty Ltd T/A EMA Consulting (the Applicant). The agreement is a single enterprise agreement.

1. The matter was allocated to my Chambers on 24 January 2024.

1. On 1 February 2024, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

1. The Agreement was not lodged within 14 days after it was made. Pursuant to s.185(3)(b) of the Act I consider it fair to extend the time for making this application to 9 January 2024.

1. The Applicant has submitted an undertaking in the required form dated 2 February 2024, a copy of which is attached to the Agreement. The undertaking ensures the BOOT is met with respect to higher duties, allowances, annual leave loading and part time employment.

1. A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives did not express any view on the undertaking.

1. The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

1. The Health Services Union, 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) of the Act I note that the Agreement covers this organisation.

1. I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 29 September 2025.

COMMISSIONER

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