Maryvale Private Hospital Pty Limited T/A Maryvale Private Hospital

[2019] FWCA 5421

[2019] FWCA 5421

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Maryvale Private Hospital Pty Limited T/A Maryvale Private Hospital
(AG2019/1532)

MARYVALE PRIVATE HOSPITAL NURSES ENTERPRISE AGREEMENT 2018

Health and welfare services
COMMISSIONER YILMAZ	MELBOURNE, 5 AUGUST 2019

Application for approval of the Maryvale Private Hospital Nurses Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Maryvale Private Hospital Nurses 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 Maryvale Private Hospital Pty Limited T/A Maryvale Private Hospital. The Agreement is a single enterprise agreement.

[2] 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54, will operate from 12 August 2019. The nominal expiry date of the Agreement is 1 August 2022.

COMMISSIONER

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Annexure A