Adventist HealthCare Limited T/A Adventist HealthCare Limited

Case

[2022] FWCA 3684

21 OCTOBER 2022


[2022] FWCA 3684

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Adventist HealthCare Limited T/A Adventist HealthCare Limited

(AG2022/4237)

Adventist HealthCare Limited Nursing Employees Enterprise Agreement 2022

Health and welfare services

DEPUTY PRESIDENT BOYCE

SYDNEY, 21 OCTOBER 2022

Application for approval of the Adventist HealthCare Limited Nursing Employees Enterprise Agreement 2022

  1. An application has been made for approval of an enterprise agreement to be known as the Adventist HealthCare Limited Nursing Employees Enterprise Agreement 2022 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Adventist HealthCare Limited (Employer). The Agreement is a single enterprise agreement.

Coverage of employee organisation

  1. The Australian Nursing and Midwifery Federation - NSW Branch, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

Conclusion

  1. I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

  1. 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 28 October 2022. The nominal expiry date of the Agreement is 1 January 2025.


DEPUTY PRESIDENT

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