Victorian Hospitals’ Industrial Association
[2022] FWCA 1594
•12 MAY 2022
| [2022] FWCA 1594 |
| FAIR WORK COMMISSION |
| decision |
Fair Work Act 2009
s.185—Enterprise agreement
Victorian Hospitals’ Industrial Association
(AG2022/985)
Merri Health Enterprise Agreement 2021
| Health and welfare services | |
| Commissioner Matheson | SYDNEY, 12 MAY 2022 |
Application for approval of the Merri Health Enterprise Agreement 2021.
An application has been made for approval of an enterprise agreement known as the Merri Health Enterprise Agreement 2021 (Agreement). The application was made by the Victorian Hospitals’ Industrial Association (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.
The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A of this decision (Undertakings). The views of each person I know is a bargaining representative for the Agreement were sought in relation to the Undertakings and no objections were raised. I am satisfied that the effect of accepting the Undertakings is not likely to:
(a)cause financial detriment to any employee covered by the Agreement; or
(b)result in substantial changes to the Agreement.
Pursuant to s.190(3) of the Act, I accept the Undertakings.
Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 (Cth) is taken to be a term of the Agreement.
Subject to the Undertakings, and on the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to the application for approval of the Agreement have been met.
The Health Services Union of Australia, the Australian, Municipal, Administrative, Clerical and Services Union and the Australian Education Union, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisations.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 May 2022. The nominal expiry date of the Agreement is 1 August 2024.
COMMISSIONER
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Annexure A
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