Summit Health Incorporated T/A Summit Health Incorporated

[2024] FWCA 2291

[2024] FWCA 2291

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Summit Health Incorporated T/A Summit Health Incorporated

(AG2024/1954)

SUMMIT HEALTH INCORPORATED ADMINISTRATIVE AND PROJECT EMPLOYEES ENTERPRISE AGREEMENT 2024

Health and welfare services
COMMISSIONER TRAN	MELBOURNE, 21 JUNE 2024

Application for approval of the Summit Health Incorporated Administrative and Project Employees Enterprise Agreement 2024

1. Summit Health Incorporated T/A Summit Health Incorporated has applied for approval of an enterprise agreement known as the Summit Health Incorporated Administrative and Project Employees Enterprise Agreement 2024 (the Agreement) under s 185 of the Fair Work Act 2009 (Act).

1. The Agreement is a single enterprise agreement.

1. The Employer 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. The undertakings are taken to be a term of the Agreement.

1. 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.

2. The Agreement is approved and, in accordance with s 54 of the Act, will operate from 28 June 2024.

3. In accordance with Clause 4.1, the nominal expiry date of the Agreement is 20 June 2028.

Variation

1. Section 218A of the Act allows the Commission to correct or amend obvious errors, defects or irregularities. It is a discretionary power, and the Commission first be satisfied that the identified errors or amendments sought are obvious errors, defects or irregularities.

1. I determined to vary the Agreement on my own initiative, following the identification of a formatting error in Clause 15. The Applicant provided an amended copy of the Agreement, with only the amendment to Clause 15.

1. I am satisfied that the amendments should be made and that it is appropriate to do so in accordance with s 218A. The variation will operate from the date the Agreement commences.

1. The Agreement attached to this Decision is the Agreement as varied.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

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Annexure A