Victor Medical Centre

[2014] FWCA 6015

[2014] FWCA 6015

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Victor Medical Centre
(AG2014/1937)

VICTOR MEDICAL CENTRE HEALTH PROFESSIONALS AND SUPPORT SERVICES EMPLOYEES ENTERPRISE AGREEMENT 2014

Health and welfare services
COMMISSIONER HAMPTON	ADELAIDE, 2 SEPTEMBER 2014

Application for approval of the Victor Medical Centre Health Professionals and Support Services Employees Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Victor Medical Centre Health Professionals and Support Services Employees Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Victor Medical Centre. The Agreement is a single-enterprise agreement.

[2] On 18 August 2014, I conducted a telephone conference of the parties to seek clarification about aspects of the Agreement.

[3] The employer subsequently provided further clarification of the parties’ intentions and proposed formal written undertakings which are appended to the Agreement as approved.

[4] I have sought the view of the bargaining representative and accepted the undertakings pursuant to s.190 of the Act. As a result, the undertakings are taken to be a term of the Agreement.

[5] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[6] In so finding, I note that the employer’s declaration indicated that the information regarding the ballot of employees was not provided to the employees at least 7 clear days before the commencement of the ballot. On face value, it appeared that the relevant 7 day access period requirements of s.180(3) and (4) of the Act had not been met in this case. Subsequent information provided to the Commission has confirmed that the information required by s.180(3) was given to the employees well in advance of the commencement of the access period.

[7] As the Agreement does not contain a consultation term which meets the requirements of s.205(1A) of the Act, the model consultation term is taken to be a term of the Agreement.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 September 2014. The nominal expiry date of the Agreement is 30 June 2017.

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