Wyndham Clinic Pty Ltd as The Trustee for Wyndham Clinic Unit Trust T/A Wyndham Clinic Private Hospital
[2023] FWCA 1174
•24 APRIL 2023
| [2023] FWCA 1174 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Wyndham Clinic Pty Ltd as The Trustee for Wyndham Clinic Unit Trust T/A Wyndham Clinic Private Hospital
(AG2023/1007)
WYNDHAM CLINIC NURSES ENTERPRISE AGREEMENT 2023
| Health and welfare services | |
| DEPUTY PRESIDENT BELL | MELBOURNE, 24 APRIL 2023 |
Application for approval of the Wyndham Clinic Nurses Enterprise Agreement 2023.
An application has been made for approval of an enterprise agreement known as the Wyndham Clinic Nurses Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the employer, Wyndham Clinic Pty Ltd as The Trustee for Wyndham Clinic Unit Trust T/A Wyndham Clinic Private Hospital. The Agreement is a single enterprise agreement.
Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.
The Australian Nursing and Midwifery Federation (ANMF) and Health Services Union (HSU), 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) I note that the Agreement covers the organisations.
The Agreement was approved on 24 April 2023 and, in accordance with s.54 of the Act, will operate from 1 May 2023. The nominal expiry date of the Agreement is 1 March 2027.
DEPUTY PRESIDENT
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