Adelaide Community Healthcare Alliance

[2022] FWCA 4031

[2022] FWCA 4031

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Adelaide Community Healthcare Alliance

(AG2022/4613)

ACHA – Nurses’ & Midwives’ – Enterprise Agreement – 2021 - 2024

Health and welfare services
DEPUTY PRESIDENT O’NEILL	MELBOURNE, 18 NOVEMBER 2022

Application for approval of the ACHA – Nurses’ & Midwives’ – Enterprise Agreement – 2021 - 2024

1. Adelaide Community Healthcare Alliance has applied for an has applied for approval of an enterprise agreement known as the ACHA – Nurses’ & Midwives’ – Enterprise Agreement – 2021 - 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.

1. 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.

1. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

1. The Australian Nursing and Midwifery Federation, 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. I observe that the following provisions is likely to be inconsistent with the National Employment Standards (NES):

·7.5(a)(ii) - Parental Leave.

However, noting clause 2.4 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 November 2022. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

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