Wyndham Clinic Pty Ltd as The Trustee for Wyndham Clinic Unit Trust T/A Wyndham Clinic Private Hospital

Case

[2022] FWCA 1622

17 MAY 2022


[2022] FWCA 1622

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

(AG2022/1366)

Wyndham Clinic Health Professionals and Health and Allied Enterprise Agreement 2022

Health and welfare services

DEPUTY PRESIDENT BELL

MELBOURNE, 17 MAY 2022

Application for approval of the Wyndham Clinic Health Professionals and Health and Allied Enterprise Agreement 2022.

  1. An application has been made for approval of an enterprise agreement known as the Wyndham Clinic Health Professionals and Health and Allied Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by 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.

  1. 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.

  1. The Health Services Union (HSU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

  1. The Agreement was approved on 17 May 2022 and, in accordance with s.54, will operate from 24 May 2022. The nominal expiry date of the Agreement is 30 April 2026.


DEPUTY PRESIDENT

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