St Vincent’s Private Hospitals Ltd Victoria T/A St Vincent’s Private Hospital Kew, St Vincent’s Private Hospital East Melbourne, St Vincent’s Private Hospital Fitzroy

[2016] FWCA 5966

[2016] FWCA 5966

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

St Vincent’s Private Hospitals Ltd Victoria T/A St Vincent’s Private Hospital Kew, St Vincent’s Private Hospital East Melbourne, St Vincent’s Private Hospital Fitzroy
(AG2016/4575)

ST VINCENT’S PRIVATE HOSPITALS LTD VICTORIA AND THE AUSTRALIAN NURSING AND MIDWIFERY FEDERATION AND HEALTH SERVICES UNION NURSES ENTERPRISE AGREEMENT 2016 (‘THE AGREEMENT’)

Health and welfare services
COMMISSIONER ROE	MELBOURNE, 23 AUGUST 2016

Application for approval of the St Vincent’s Private Hospitals Ltd Victoria and the Australian Nursing and Midwifery Federation and Health Services Union Nurses Enterprise Agreement 2016 (‘the Agreement’).

[1] An application has been made for approval of an enterprise agreement known as the St Vincent’s Private Hospitals Ltd Victoria and the Australian Nursing and Midwifery Federation and Health Services Union Nurses Enterprise Agreement 2016 (‘the Agreement’) (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 Victoria T/A St Vincent’s Private Hospital Kew, St Vincent’s Private Hospital East Melbourne, St Vincent’s Private Hospital Fitzroy. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 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.

[3] The Australian Nursing and Midwifery Federation 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) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 23 August 2016 and, in accordance with s.54, will operate from 30 August 2016. The nominal expiry date of the Agreement is 1 August 2020.

COMMISSIONER

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