St Vincent’s Private Hospitals Ltd T/A St Vincent’s Private Hospital Brisbane

[2017] FWCA 4815

[2017] FWCA 4815

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

St Vincent’s Private Hospitals Ltd T/A St Vincent’s Private Hospital Brisbane
(AG2017/2143)

ST VINCENT’S HEALTH AUSTRALIA (PRIVATE HOSPITALS) QLD SUPPORT SERVICES ENTERPRISE AGREEMENT 2017

Health and welfare services
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 15 SEPTEMBER 2017

Application for approval of the St Vincent’s Health Australia (Private Hospitals) QLD Support Services Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the St Vincent’s Health Australia (Private Hospitals) QLD Support Services Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by St Vincent’s Private Hospitals Ltd T/A St Vincent’s Private Hospital Brisbane. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Australian Municipal, Administrative, Clerical and Services Union and The Australian Workers’ Union, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisation.

[5] The Agreement was approved on 15 September 2017 and, in accordance with s.54, will operate from 22 September 2017. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

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ANNEXURE A