Fullarton Clinic Pty Ltd
[2024] FWCA 428
•31 JANUARY 2024
| [2024] FWCA 428 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Fullarton Clinic Pty Ltd
(AG2023/5310)
FULLARTON CLINIC HEALTH PROFESSIONALS GREENFIELDS AGREEMENT 2022
| Health and welfare services | |
| DEPUTY PRESIDENT BELL | MELBOURNE, 31 JANUARY 2024 |
Application for approval of the Fullarton Clinic Health Professionals Greenfields Agreement 2022.
An application has been made for approval of a greenfields agreement known as the Fullarton Clinic Health Professionals Greenfields Agreement 2022 (the Agreement). The application was made by Fullarton Clinic Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Act).
Correspondence was sent to the parties by my Chambers seeking clarification as to whether Trainees are covered by the Agreement. A response was received on behalf of the employer confirming the Agreement will not cover Trainees. I am satisfied for the purpose of s.193A(6), and determine under s.193A(6A), of the Act, that Trainees are not a type of employment that is reasonably foreseeable as that is relevant for the better off overall test.
This is a greenfields agreement that meets the requirements of s.172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187, 193 and 193A of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Health Services Union (HSU) is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.
Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the HSU and that the Agreement covers this organisation.
The Agreement was approved on 31 January 2024 and, in accordance with s.54 of the Act, will operate from 7 February 2024. The nominal expiry date of the Agreement is 1 January 2026.
DEPUTY PRESIDENT
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