Kitaya Holdings Pty Limited T/A Jessie McPherson Private Hospital

[2019] FWCA 4339

[2019] FWCA 4339

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kitaya Holdings Pty Limited T/A Jessie McPherson Private Hospital
(AG2019/1777)

JESSIE MCPHERSON PRIVATE HOSPITAL SUPPORT SERVICES ENTERPRISE AGREEMENT 2018

Health and welfare services
DEPUTY PRESIDENT MASSON	MELBOURNE, 21 JUNE 2019

Application for approval of the Jessie McPherson Private Hospital Support Services Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Jessie McPherson Private Hospital Support Services Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Kitaya Holdings Pty Limited T/A Jessie McPherson Private Hospital. The Agreement is a single enterprise agreement.

[2] 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.

[3] I note that Clause 32 is inconsistent with the National Employment Standards as it provides an employee’s annual leave entitlement in hours rather than days. Given the National Employment Standards precedence clause at clause 7 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[4] The Health Services Union (HSU) 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 June 2019. The nominal expiry date of the Agreement is 31 July 2022.

DEPUTY PRESIDENT

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