Wuchopperen Health Service Limited TA Wuchopperen Health Service Ltd

[2019] FWCA 5508

[2019] FWCA 5508

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wuchopperen Health Service Limited TA Wuchopperen Health Service Ltd
(AG2019/791)

WUCHOPPEREN HEALTH SERVICE LTD ENTERPRISE AGREEMENT 2019

Health and welfare services
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 19 AUGUST 2019

Application for approval of the Wuchopperen Health Service Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Wuchopperen Health Service Ltd Enterprise Agreement 2019 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Wuchopperen Health Service Limited TA Wuchopperen Health Service Ltd (Employer). 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.

[3] Subject to the undertakings, 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 Agreement lodged contained administrative errors at pages 5 and 6, and clauses 4.5.2(i), 4.5.3(i), 5.2.6(b) and 5.3.2. On 25 July 2019, the Employer filed an amended version of the Agreement correcting these errors. I am satisfied that the corrections should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] The Health Services Union of Australia, Australian Nursing and Midwifery Federation, Australian Municipal, Administrative, Clerical and Services Union, and The Australian Workers’ Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act seeking to be covered by the Agreement. In accordance with s.201(2), I note that the Agreement covers the organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 August 2019. The nominal expiry date of the Agreement is 19 August 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE504786  PR711130>

Annexure A