Maryvale Private Hospital Pty Ltd T/A Maryvale Private Hospital

Case

[2023] FWCA 1771

16 JUNE 2023


[2023] FWCA 1771

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Maryvale Private Hospital Pty Ltd T/A Maryvale Private Hospital

(AG2023/1432)

MARYVALE PRIVATE HOSPITAL SUPPORT SERVICES ENTERPRISE AGREEMENT 2023

Health and welfare services

COMMISSIONER MCKINNON

SYDNEY, 16 JUNE 2023

Application for approval of the Maryvale Private Hospital Support Services Enterprise Agreement 2023

  1. Maryvale Private Hospital Pty Ltd T/A Maryvale Private Hospital has applied for approval of a single enterprise agreement known as the Maryvale Private Hospital Support Services Enterprise Agreement 2023 (the Agreement).

  1. A written undertaking has been given in accordance with section 190 of the Fair Work Act 2009 (Act) and is attached at Annexure A. I am satisfied that the undertaking is not likely to cause financial detriment to any employee covered by the Agreement and does not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

  1. With the undertaking now given, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met. One individual made submissions to the effect that their exclusion from the voting process had a material effect on the outcome of the vote to approve the Agreement. However, the employee was not employed at the relevant time and was not entitled to participate in the voting process. Accordingly, nothing turns on their exclusion from that process and I am satisfied that the Agreement was genuinely agreed.

  1. The Agreement is approved and will operate from 23 June 2023. The nominal expiry date of the Agreement is 16 June 2027.

  1. The Agreement covers the Health Services Union.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE520385  PR763144>

Annexure A

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