AVIVE Health Pty Ltd T/A AVIVE Health
[2023] FWCA 897
•24 MARCH 2023
| [2023] FWCA 897 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
AVIVE Health Pty Ltd T/A AVIVE Health
(AG2023/679)
AVIVE HEALTH QUEENSLAND AND QNMU/ANMF NURSES GREENFIELDS AGREEMENT 2022
| Health and welfare services | |
| COMMISSIONER MIRABELLA | MELBOURNE, 24 MARCH 2023 |
Application for approval of the AVIVE Health Queensland and QNMU/ANMF Nurses Greenfields Agreement 2022.
An application has been made for approval of a greenfields agreement known as the AVIVE Health Queensland and QNMU/ANMF Nurses Greenfields Agreement 2022 (Agreement). The application was made by AVIVE Health Pty Ltd T/A AVIVE Health pursuant to s.185 of the Fair Work Act 2009 (Act).
The Agreement meets the requirements of s.172(2)(b) of the Act. I am satisfied that each of the requirements of sections 186 and 187 of the Act, as are relevant to this application for approval, have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Australian Nursing and Midwifery Federation (ANMF) is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.
I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 7 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
Pursuant to s.53(2)(b) of the Act, I note the Agreement was made with the ANMF and that the Agreement covers the organisation.
The Agreement was approved on 24 March 2023 and, in accordance with s.54 of the Act, will operate from 31 March 2023. The nominal expiry date of the Agreement is 1 December 2025.
COMMISSIONER
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