Western Hospital Pty Ltd
[2022] FWCA 151
•19 JANUARY 2022
| [2022] FWCA 151 |
| FAIR WORK COMMISSION |
| decision |
Fair Work Act 2009
s.185—Enterprise agreement
Western Hospital Pty Ltd
(AG2021/8879)
WESTERN HOSPITAL, NURSES ENTERPRISE AGREEMENT 2021
| Health and welfare services | |
| Commissioner Matheson | SYDNEY, 19 JANUARY 2022 |
Application for approval of the Western Hospital, Nurses Enterprise Agreement 2021.
An application has been made for approval of an enterprise agreement known as the Western Hospital, Nurses Enterprise Agreement 2021 (Agreement). The application was made by Western Hospital Pty Ltd (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.
The Applicant, who is the employer covered by the Agreement, 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.
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 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 them. 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 26 January 2022. The nominal expiry date of the Agreement is 26 November 2023.
COMMISSIONER
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Annexure A
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