SPORTSMED SA Hospitals Pty Ltd

[2020] FWCA 3153

[2020] FWCA 3153

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SPORTSMED SA Hospitals Pty Ltd
(AG2020/1491)

SPORTSMED-SA HOSPITALS PTY LTD HEALTH SERVICES SUPPORT EMPLOYEES ENTERPRISE AGREEMENT 2020

Health and welfare services
COMMISSIONER PLATT	ADELAIDE, 16 JUNE 2020

Application for approval of the SPORTSMED-SA Hospitals Pty Ltd Health Services Support Employees Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the SPORTSMED-SA Hospitals Pty Ltd Health Services Support Employees Enterprise Agreement 2020 (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.

[2] The matter was allocated to my Chambers on 5 June 2020.

[3] On 10 June 2020, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 15 June 2020. The undertaking deals with the following topics:

•  The Agreement will commence seven days after the Agreement has been approved by the Fair Work Commission.

•  An employee’s entitlement to paid annual leave will accrue progressively during a year of service according to the employee’s ordinary hours of work and accumulates year to year.

•  Employees (other than a casual employee) are entitled to 4 weeks annual leave per year of service. An employee who is a shift worker is entitled to 5 weeks annual leave per year of service.

•  Clause 7.2.6 will be read subject to s.107(2)(a) of the Act, in that notice must be given as soon as practicable which may be at a time after the leave has started.

•  In relation to clause 6.3.1, overtime worked Monday to Saturday inclusive is paid at the rate of 150% for the first two hours and 200% thereafter.

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

•  In accordance with the undertaking relating to clause 6.3.3, an employee will be entitled to take time off instead of being paid overtime.

[5] No bargaining representatives were appointed.

[6] 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.

[7] 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.

[8] 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 15 June 2023.

COMMISSIONER

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