South Perth Hospital Inc T/A South Perth Hospital

[2024] FWCA 2250

[2024] FWCA 2250

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.218A - application to vary an agreement to correct or amend errors, defects or irregularities

South Perth Hospital Inc T/A South Perth Hospital

(AG2024/1747)

SOUTH PERTH HOSPITAL REGISTERED NURSES ENTERPRISE AGREEMENT 2022

Health and welfare services
COMMISSIONER MCKINNON	SYDNEY, 20 JUNE 2024

Application for variation of the South Perth Hospital Registered Nurses Enterprise Agreement 2022

1. South Perth Hospital Inc T/A South Perth Hospital has applied to vary clause 14.3(f) of the South Perth Hospital Registered Nurses Enterprise Agreement 2022[1] (the Agreement) to correct an obvious error in relation to ‘Example 1’ of the accrual of time off in lieu. The proposed variation will ensure that the figures in the example for time off in lieu are consistent with specified overtime rates in the Agreement. The Australian Nursing and Midwifery Federation does not object to the variation application. The proposed variation is attached at Annexure A.

1. I am satisfied that clause 14.3(f) of the Agreement is affected by an obvious error. I am satisfied that the proposed variation reflects the agreement reached between the employer and employees. The variation is necessary to provide certainty to the parties and other interested stakeholders about the accurate application of overtime rates and time off in lieu under the Agreement. In the circumstances, it is appropriate to vary the Agreement to correct the errors under section 218A of the Fair Work Act 2009. The variation is approved and will operate from 6 June 2023. A consolidated version of the Agreement as varied is attached to this decision.

COMMISSIONER

Annexure A

[1] AE520171; [2023] FWCA 1548.

Printed by authority of the Commonwealth Government Printer

<AE520171  PR776113>