Healthe Care Surgical Pty Ltd T/A Healthe Care

Case

[2022] FWCA 366

7 FEBRUARY 2022


[2022] FWCA 366

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Healthe Care Surgical Pty Ltd T/A Healthe Care

(AG2021/8725)

Healthe Care Surgical Pty Ltd Victorian Private Hospitals - Nurses nterprise Agreement 2020

Health and welfare services

COMMISSIONER YILMAZ

MELBOURNE, 7 FEBRUARY 2022

Application for approval of the Healthe Care Surgical Pty Ltd Victorian Private Hospitals - Nurses Enterprise Agreement 2020

  1. An application has been made for approval of an enterprise agreement known as the Healthe Care Surgical Pty Ltd Victorian Private Hospitals - Nurses Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Healthe Care Surgical Pty Ltd T/A Healthe Care. The Agreement is a single enterprise agreement.

  1. I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

  1. The Australian Nursing and Midwifery Federation 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) I note that the Agreement covers the organisation.

  1. The Agreement is approved and in accordance with s.54, will operate from 14 February 2022. The nominal expiry date of the Agreement is 31 July 2024.

COMMISSIONER

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