Kaizen Hospitals (Malvern) Pty Ltd T/A Malvern Private Hospital
[2023] FWC 603
•15 MARCH 2023
| [2023] FWC 603 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Kaizen Hospitals (Malvern) Pty Ltd T/A Malvern Private Hospital
(AG2023/438)
Malvern Private Hospital & ANMF Enterprise Agreement 2022
| Health and welfare services | |
| DEPUTY PRESIDENT O'NEILL | MELBOURNE, 15 MARCH 2023 |
Application for approval of the Malvern Private Hospital & ANMF Enterprise Agreement 2022
Malvern Private Hospital has applied for approval of an enterprise agreement known as the Malvern Private Hospital & ANMF Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.
The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am 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. The undertakings are taken to be a term of the Agreement.
I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.
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.
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.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 March 2023. The nominal expiry date of the Agreement is 30 December 2024.
DEPUTY PRESIDENT
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Annexure A
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