Sportsmed SA Hospitals Pty Ltd

[2022] FWCA 1002

[2022] FWCA 1002

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Sportsmed SA Hospitals Pty Ltd

(AG2022/688)

SPORTSMED·SA Hospitals Pty Ltd Nursing Employees Enterprise Agreement 2021

Health and welfare services
COMMISSIONER PLATT	ADELAIDE, 22 MARCH 2022

Application for approval of the SPORTSMED·SA Hospitals Pty Ltd Nursing Employees Enterprise Agreement 2021

1. An application has been made for approval of an enterprise agreement known as the SPORTSMED·SA Hospitals Pty Ltd Nursing Employees Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Sportsmed SA Hospitals Pty Ltd (the Applicant). The agreement is a single enterprise agreement.

1. The matter was allocated to my Chambers on 17 March 2022.

1. On 22 March 2022, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement.

1. The Applicant has submitted an undertaking in the required form dated 21 March 2022. The undertaking deals with the following topics:

·   An employee who works on a five day roster with two fixed days off per week will be entitled to five weeks annual leave provided that they have been on-call for 12 days per annum. Whilst it is noted that this definition is more restrictive than the one contained in the Award, I am satisfied that the rates in the Agreement are high enough to ensure that the requirement of 12 days of on-call work per annum does not result in the Agreement failing the better off overall test (BOOT).

·   The ordinary hours of work for a day worker will be between 6.00am and 6.00pm, Monday to Friday.

1. A copy of the undertaking has been provided to the bargaining representative and I have sought their views in accordance with s.190(4) of the Act. The bargaining representative supported the undertaking.   

1. The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

1. The Australian Nursing and Midwifery Federation (ANMF), 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) of the Act I note that the Agreement covers this organisation.

1. I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 1 October 2024.

COMMISSIONER

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