Australian Capital Territory t/a ACT Public Sector

[2024] FWCA 2886

[2024] FWCA 2886

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Australian Capital Territory t/a ACT Public Sector

(AG2024/2516)

ACT PUBLIC SECTOR NURSING AND MIDWIFERY ENTERPRISE AGREEMENT 2023-2026

State and Territory government administration
DEPUTY PRESIDENT ROBERTS	SYDNEY, 6 AUGUST 2024

Application for approval of the ACT Public Sector Nursing and Midwifery Enterprise Agreement 2023-2026

1. An application has been made for approval of an enterprise agreement known as the ACT Public Sector Nursing and Midwifery Enterprise Agreement 2023-2026 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Australian Capital Territory t/a ACT Public Sector (the Applicant). The Agreement is a single enterprise agreement.

1. I am satisfied that each of the requirements of ss186, 187 and 188 as is relevant to this application for approval has been met.

1. I note that Clause 5.4 of the Agreement provides that the Agreement will be read and interpreted in conjunction with the National Employment Standards (NES). Where there is inconsistency between this Agreement and the NES, and the NES provides greater benefit, the NES provision will apply to the extent of the inconsistency.

1. The Australian Nursing and Midwifery Federation (ANMF) and the Health Services Union NSW Branch (HSU) lodged Form F18 statutory declarations giving 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 the Agreement covers the ANMF and HSU.

1. The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 31 March 2026.

DEPUTY PRESIDENT

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