The Trustee for A F Mariani Family Trust (No. 2) T/A Reservoir Private Hospital Day Procedure Centre

[2020] FWCA 400

[2020] FWCA 400

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Trustee for A F Mariani Family Trust (No. 2) T/A Reservoir Private Hospital Day Procedure Centre
(AG2019/3920)

RESERVOIR PRIVATE HOSPITAL DAY PROCEDURE CENTRE NURSES’ ENTERPRISE AGREEMENT 2019

Health and welfare services
COMMISSIONER WILSON	MELBOURNE, 29 JANUARY 2020

Application for approval of the Reservoir Private Hospital Day Procedure Centre Nurses’ Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Reservoir Private Hospital Day Procedure Centre Nurses’ Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Trustee for A F Mariani Family Trust (No. 2) T/A Reservoir Private Hospital Day Procedure Centre. The Agreement is a single enterprise agreement.

[2] 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.

[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.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 February 2020. The nominal expiry date of the Agreement is 1 July 2022.

COMMISSIONER

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<AE506871  PR716179>

Annexure A