St John of God Health Care Inc T/A St John of God Health Care

Case

[2025] FWCA 168

16 JANUARY 2025


[2025] FWCA 168

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 T/A St John of God Health Care

(AG2024/5194)

ST JOHN OF GOD HEALTH CARE – AMA WA – MEDICAL PRACTITIONERS ENTERPRISE AGREEMENT 2023

Health and welfare services

COMMISSIONER LIM

PERTH, 16 JANUARY 2025

Application for approval of the St John of God Health Care – AMA WA – Medical Practitioners Enterprise Agreement 2023

  1. St John of God Health Care Inc trading as St John of God Health Care (the Applicant) has made an application for the approval of an enterprise agreement known as the St John of God Health Care – AMA WA – Medical Practitioners Enterprise Agreement 2023 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

  1. On the basis of the material contained in the application and accompanying declarations, 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.

  1. The Agreement does not contain a delegates’ rights term, as required by s 205A(1) of the Act. Under s 205A(2), the workplace delegates’ rights term in Clause 28A of the Medical Practitioners Award 2020 is taken to be a term of the Agreement.

  1. The Australian Salaried Medical Officers’ Federation (the organisation), 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), and based on the declaration provided by the organisation, I note that the organisation is covered by the Agreement.

  1. The Agreement was approved on 16 January 2025 and, in accordance with s 54, will operate from 23 January 2025. The nominal expiry date of the Agreement is 30 September 2027.

COMMISSIONER

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