McLaren Vale & Districts War Memorial Hospital Incorporated

[2014] FWCA 7489

[2014] FWCA 7489

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

McLaren Vale & Districts War Memorial Hospital Incorporated
(AG2014/7393)

MCLAREN VALE & DISTRICTS WAR MEMORIAL HOSPITAL (CLERKS, MAINTENANCE AND HOSPITALITY EMPLOYEES) ENTERPRISE AGREEMENT 2014

Health and welfare services
COMMISSIONER HAMPTON	ADELAIDE, 22 OCTOBER 2014

Application for approval of the McLaren Vale & Districts War Memorial Hospital (Clerks, Maintenance and Hospitality Employees) Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the McLaren Vale & Districts War Memorial Hospital (Clerks, Maintenance and Hospitality Employees) Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by McLaren Vale & Districts War Memorial Hospital Incorporated. The Agreement is a single-enterprise agreement.

[2] On 15 September 2014, I wrote to the parties to seek clarification about aspects of the Agreement.

[3] The employer subsequently provided further clarification of the parties’ intentions and proposed formal written undertakings which are appended to the Agreement as approved.

[4] I have sought the views of the bargaining representatives and accepted the undertakings pursuant to s.190 of the Act. As a result, the undertakings are taken to be a term of the Agreement.

[5] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[6] As the Agreement does not contain a flexibility term which meets the requirements of s.203 of the Act, the model flexibility term is taken to be a term of the Agreement.

[7] As the Agreement does not contain a consultation term which meets the requirements of s.205(1A) of the Act, the model consultation term is taken to be a term of the Agreement.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 October 2014. The nominal expiry date of the Agreement is 28 October 2018.

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