The Congregation of Religious Sisters of Charity of Australia T/A St Vincent's Private Hospital Sydney

Case

[2024] FWCA 2571

10 July 2024


[2024] FWCA 2571

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

The Congregation of Religious Sisters of Charity of Australia T/A St Vincent’s Private Hospital Sydney

(AG2024/2116)

ST VINCENT’S PRIVATE HOSPITAL DARLINGHURST MEDICAL IMAGING ENTERPRISE AGREEMENT 2023 

Health and welfare services

DEPUTY PRESIDENT SLEVIN

SYDNEY, 10 JULY 2024

Application for the approval of St Vincent’s Private Hospital Darlinghurst Medical Imaging Enterprise Agreement 2023 

  1. An application has been made for approval of an enterprise agreement known as the St Vincent’s Private Hospital Darlinghurst Medical Imaging Enterprise Agreement 2023 (the Agreement). The application is made pursuant to s.185 of the Fair Work Act 2009 (the Act) by The Congregation of Religious Sisters of Charity of Australia T/A St Vincent’s Private Hospital Sydney (the Applicant) The Agreement is a single enterprise agreement. The Health Services Union (HSU) was a bargaining representative for the Agreement.

  1. The Commission must approve the Agreement if satisfied that the requirements in ss.186 and 187 are met. 

  1. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in sections 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

  1. Based on the material filed and submissions made in support of the application I am satisfied that each of the requirements of ss.186, 187, as are relevant to this application for approval have been met.

  1. The HSU, 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. 

  1. The Agreement was approved on 10 July 2024 and, in accordance with s.54, will operate from 17 July 2024. The nominal expiry date of the Agreement at clause 3 is 31 December 2026.




DEPUTY PRESIDENT

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