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austlii:cth/FWCA/2023/1771
procedural. The Agreement is approved and will operate from 23 June 2023. The nominal expiry date of the Agreement is 16 June 2027.
1 cited instrument linked from this judgment.
The Fair Work Commission approved an enterprise agreement for Maryvale Private Hospital. The hospital had provided a written undertaking to address any concerns about the agreement meeting legal requirements. One person complained they were excluded from voting, but the Commission found they weren't employed at the time so weren't entitled to vote anyway. The agreement was approved to operate from 23 June 2023 until 16 June 2027.
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s.185 - Enterprise agreement
Maryvale Private Hospital Pty Ltd T/A Maryvale Private Hospital
MARYVALE PRIVATE HOSPITAL SUPPORT SERVICES ENTERPRISE AGREEMENT 2023
Application for approval of the Maryvale Private Hospital Support Services Enterprise Agreement 2023
[1] Maryvale Private Hospital Pty Ltd T/A Maryvale Private Hospital has applied for approval of a single enterprise agreement known as the Maryvale Private Hospital Support Services Enterprise Agreement 2023 (the Agreement).
[2] A written undertaking has been given in accordance with section 190 of the Fair Work Act 2009 (Act) and is attached at Annexure A. I am satisfied that the undertaking is not likely to cause financial detriment to any employee covered by the Agreement and does not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.
[3] With the undertaking now given, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met. One individual made submissions to the effect that their exclusion from the voting process had a material effect on the outcome of the vote to approve the Agreement. However, the employee was not employed at the relevant time and was not entitled to participate in the voting process. Accordingly, nothing turns on their exclusion from that process and I am satisfied that the Agreement was genuinely agreed.
[4] The Agreement is approved and will operate from 23 June 2023. The nominal expiry date of the Agreement is 16 June 2027.
[5]
Printed by authority of the Commonwealth Government Printer
The Agreement is approved and will operate from 23 June 2023. The nominal expiry date of the Agreement is 16 June 2027.