Sydney Surgery Centre Pty Ltd T/A Chatswood Private Hospital
[2018] FWCA 4422
•27 JULY 2018
| [2018] FWCA 4422 |
| FAIR WORK COMMISSION |
| decision |
Fair Work Act 2009
s.185—Enterprise agreement
Sydney Surgery Centre Pty Ltd T/A Chatswood Private Hospital
(AG2018/1569)
Sydney Surgery Centre Pty Ltd - NSWNMA & ANMF (NSW Branch) Enterprise Agreement 2018 - 2020
| Health and welfare services | |
| COMMISSIONER MCKENNA | SYDNEY, 27 JULY 2018 |
Application for approval of the Sydney Surgery Centre Pty Ltd - NSWNMA & ANMF (NSW Branch) Enterprise Agreement 2018 - 2020.
An application has been made for the approval of an enterprise agreement known as the Sydney Surgery Centre Pty Ltd - NSWNMA & ANMF (NSW Branch) Enterprise Agreement 2018 - 2020 (“the Agreement”). The application was made by Sydney Surgery Centre Pty Ltd T/A Chatswood Private Hospital (“the applicant”) pursuant to s.185 of the Fair Work Act 2009 (“the Act”). The Agreement is a single-enterprise agreement.
I am satisfied that each of the requirements of ss. 186, 187, 188 and 190 of the Act relevant to this application for approval have been met with the provision of written undertakings addressing miscellaneous matters. I am also satisfied that any issue in relation to parental leave will be addressed by the operation of clause 7 of the Agreement as it concerns the National Employment Standards. A copy of the undertakings is attached to this decision and marked “Annexure A”. I note that, under s.191 of the Act, the undertakings are taken to be terms of the Agreement.
Separately, to the extent that clause 34.1(10) may purport to allow cashing-out long service leave under the Long Service Leave Act (1955) (NSW) (in that it refers to taking long service leave on double pay), that statute’s prohibition on cashing-out leave will continue to apply: Armacell Australia Pty Ltd [2010] FWAFB 9985; St Marys Rugby League Club Ltd [2010] FWA 9314.
The Australian Nursing and Midwifery Federation – New South Wales Branch has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this approval decision. The nominal expiry date of the Agreement is 31 December 2020.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
<AE429336 PR609476>
Annexure A
0