St John of God Health Care Inc

[2015] FWCA 7551

[2015] FWCA 7551

FAIR WORK COMMISSION

DECISION

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

St John of God Health Care Inc
(AG2015/5304)

ST JOHN OF GOD HEALTH CARE (VIC HOSPITALS) MEDICAL SCIENTISTS, DIETITIANS AND PSYCHOLOGISTS ENTERPRISE AGREEMENT 2015

Health and welfare services
DEPUTY PRESIDENT HAMILTON	MELBOURNE, 2 NOVEMBER 2015

Application for approval of the St John of God Health Care (Vic Hospitals) Medical Scientists, Dietitians, Pharmacists and Psychologists Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the St John of God HealthCare (Vic Hospitals) Medical Scientists, Dietitians, Pharmacists and Psychologists Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by St John of God Health Care Inc. The agreement is a single-enterprise agreement.

[2] 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.

[3] The Health Services Union, being the bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] Pursuant to s.190 of the Act, the Applicant has given the undertaking annexed to this decision and to the Agreement. In accordance with ss. 191(1) and 201(3) of the Act I note that the undertaking is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 November 2015. The nominal expiry date of the Agreement is 30 September 2019.

DEPUTY PRESIDENT

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Annexure A

FAIR WORK COMMISSION

MATTER NO: AG2015/5304

Undertaking

St John of God Health Care acknowledges that clause 33 (e) (iv) of The St John of God Health Care Inc (Victoria) Medical Scientists, Dietitians, Pharmacists and Psychologists Enterprise Agreement 2015 should read as follows:

An employer may by agreement with a caregiver grant long service leave to the caregiver before the entitlement to that leave has accrued, provided that such leave shall not be granted before the caregiver has completed seven years’ service.

Dorothy Gibbs

Senior Industrial and Employee Relations Advisor

St John of God Health Care Inc.,