Gisborne and District Community Health and Hospital Board Inc T/A Macedon Ranges Health Services

[2017] FWCA 4753

[2017] FWCA 4753

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Gisborne and District Community Health and Hospital Board Inc T/A Macedon Ranges Health Services
(AG2017/2557)

MACEDON RANGES HEALTH, HEALTH PROFESSIONALS ENTERPRISE AGREEMENT 2016

Health and welfare services
COMMISSIONER JOHNS	SYDNEY, 12 SEPTEMBER 2017

Application for approval of the Macedon Ranges Health, Health Professionals Enterprise Agreement 2016.

[1] On 30 June 2017 Gisborne and District Community Health and Hospital Board Inc T/A Macedon Ranges Health Services (Applicant) made an application for approval of the Macedon Ranges Health, Health Professionals Enterprise Agreement 2016 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[4] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Health Services Union of Australia 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), the Commission notes that the Agreement covers this organisation.

[7] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 19 September 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

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Annexure A