austlii:cth/FWCA/2026/951
General information, not legal advice.
FWCA
2026-04-15
Original judgment source is linked above.
s.185 - Enterprise agreement
DPG Services Pty Ltd Trading AS Opal HealthCare
OPAL HEALTHCARE (SOUTH AUSTRALIA) ENTERPRISE AGREEMENT 2024
Application for Approval of the Opal Healthcare (South Australia) Enterprise Agreement 2024 - Application is Approved.
[1] Pursuant to s 185 of the Fair Work Act 2009 ('Act'), an application has been made by DPG Services Pty Ltd ('Applicant') for approval of a single enterprise agreement, known as the Opal HealthCare (South Australia) Enterprise Agreement 2024 ('Agreement').
[2] The Applicant has provided written undertakings. 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. The undertakings are taken to be a term of the Agreement and are annexed to this decision, marked 'Annexure A'.
[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss 186 - 188 and 190 of the Act as are relevant to this application for approval have been met.
[4] I note that the Agreement contains an NES precedence clause at cl 6, and this clause will be relied upon in the event of any inconsistency between this Agreement and the National Employment Standards.
[5] The United Workers' Union and Australian Nursing and Midwifery Federation, 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) of the Act, I note that the Agreement covers these organisations.
[6] The Agreement is approved and, in accordance with s 54 of the Act, will operate from 22 April 2026. The nominal expiry date of the Agreement is 30 June 2028.
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