Maryvale Private Hospital Pty Limited T/A Maryvale Private Hospital

[2019] FWCA 8118

[2019] FWCA 8118

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Maryvale Private Hospital Pty Limited T/A Maryvale Private Hospital
(AG2019/4243)

MARYVALE PRIVATE HOSPITAL SUPPORT SERVICES ENTERPRISE AGREEMENT 2019

Health and welfare services
COMMISSIONER MCKINNON	MELBOURNE, 5 DECEMBER 2019

Application for approval of the Maryvale Private Hospital Support Services Enterprise Agreement 2019.

[1] Application has been made for approval of a single enterprise agreement known as the Maryvale Private Hospital Support Services Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Maryvale Private Hospital Pty Limited T/A Maryvale Private Hospital.

[2] Written undertakings have been given in accordance with s.190 of the Act. 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 terms of the agreement.

[3] With the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement lodged contained an error at Appendix 1. On 25 November 2019, the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] The Health Services Union (Vic.) Branch 1 trading as the Health Workers 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 December 2019. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

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Annexure A