Healthe Care Valley Pty Ltd T/A Mulgrave Private Hospital
[2025] FWCA 191
•17 JANUARY 2025
| [2025] FWCA 191 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Healthe Care Valley Pty Ltd T/A Mulgrave Private Hospital
(AG2024/5050)
HEALTHE CARE VICTORIAN HOSPITALS SUPPORT SERVICES AGREEMENT 2024
| Health and welfare services | |
| COMMISSIONER PERICA | MELBOURNE, 17 JANUARY 2025 |
Healthe Care Victorian Hospitals Support Services Agreement 2024
An application has been made for approval of an enterprise agreement known as the Healthe Care Victorian Hospitals Support Services Agreement 2024 (the Agreement). The application is made under section 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
The Employer has provided a written undertaking. A copy of this undertaking is attached in Annexure A. I am satisfied the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. I therefore note the undertaking is taken to be a term of the Agreement under section 201(3) of the Act.
I note that the following provision is likely to be inconsistent with the National Employment Standards:
· Clause 30(f) – Personal leave
However, noting clause 7 of the Agreement, I am satisfied the more beneficial entitlements of the National Employment Standards will prevail where there is an inconsistency with the Agreement.
Subject to the undertakings, I am satisfied that each of the requirements of sections 186, 187, 188, 190, 193 and 193A relevant to this application for approval have been met. The Agreement does not cover all the employees of the employer, however, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.
The Health Services Union being a bargaining representative for the Agreement has given notice under section 183 of the Act that it wants the Agreement to cover it. I therefore note the Agreement covers the organisation under section 201(2) of the Act.
The Agreement is approved today 17 January 2025. It will operate from 24 January 2025 as required by section 54 of the Act. The nominal expiry date is 1 July 2027.
COMMISSIONER
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Annexure A
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