ADENEY PRIVATE HOSPITAL SUPPORT SERVICES AGREEMENT 2025

Application for approval of the Adeney Private Hospital Support Services Agreement 2025

[1] Adeney Private Hospital Pty Ltd trading as Adeney Private Hospital has applied for approval of an enterprise agreement known as the Adeney Private Hospital Support Services Agreement 2025 under s 185 of the Fair Work Act 2009 (Cth).

[2] The Agreement is a single enterprise agreement.

[3] I raised concerns with the applicant about Clause 26 (e) which defines a shiftworker but provides 3 criteria connected with 'and/or.' The employer submitted that that an employee need only satisfy one of the stated criteria to qualify for the entitlement to the additional. week's leave under the National Employment Standards. While I remain concerned that 'and/or' in this context creates confusion, I am satisfied that the employer's response resolves that confusion.

[4] The agreement's delegates rights term in clause 47 is less favourable than the term in the award because it is in the same terms as the term considered in Construction, Forestry and Maritime Employees Union v Australian Industry Group [2025] FCAFC 187. The employer has requested that the Commission insert the current workplace delegates' rights term in Clause 33A of the Health Professionals and Support Services Award 2020 under s 218A of the Act. Section 218A of the Act allows the Commission to correct or amend obvious errors, defects or irregularities. It is a discretionary power, and the Commission must first be satisfied that the identified errors or amendments sought are obvious errors, defects or irregularities. I am satisfied that there is an obvious defect in the Agreement that was submitted for approval and will exercise my discretion to amend the Agreement.

[5] The Applicant provided an amended copy of the Agreement, with only the amendments identified above.

[6] I am satisfied that the amendments should be made and that it is appropriate to do so in accordance with s 218A. The variation will operate from the date the Agreement commences.

[7] The Agreement is approved and, in accordance with s 54 of the Act, will operate from 23 February 2026.

[8] In accordance with clause 4, the nominal expiry date of the Agreement is 1 February 2029.

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