Kitaya Holdings Pty Limited T/A Jessie McPherson Private Hospital

[2022] FWCA 3021

[2022] FWCA 3021

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Kitaya Holdings Pty Limited T/A Jessie McPherson Private Hospital

(AG2022/3538)

Jessie McPherson Private Hospital Support Services Enterprise Agreement 2022

Hospitality industry
COMMISSIONER O'NEILL	MELBOURNE, 1 SEPTEMBER 2022

Application for approval of the Jessie McPherson Private Hospital Support Services Enterprise Agreement 2022

1. Jessie McPherson Private Hospital has applied for approval of an enterprise agreement known as the Jessie McPherson Private Hospital Support Services 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.

1. 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.

1. The Health Services Union 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. I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

·   Clause 31(j)(i) – Leave taken in advance;

·   Clause 32(a)(ii)(1) – Amount of paid personal/carer’s leave;

·   Clause 33(d)(i) – Substitution of public holidays by Agreement; and

·   Clause 37(f) – Leave allowed before due date.

However, noting clause 7 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 September 2022. The nominal expiry date of the Agreement is 31 July 2026.

COMMISSIONER

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