Bondi Newco Pty Ltd T/A Bondi Junction Private Hospital

[2023] FWCA 2836

[2023] FWCA 2836

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Bondi Newco Pty Ltd T/A Bondi Junction Private Hospital

(AG2023/2964)

BONDI JUNCTION PRIVATE HOSPITAL (NURSES) AND NSWNMA/ANMF (NSW BRANCH) ENTERPRISE AGREEMENT 2023

Health and welfare services
COMMISSIONER CRAWFORD	SYDNEY, 5 SEPTEMBER 2023

Application for approval of the Bondi Junction Private Hospital (Nurses) and NSWNMA/ANMF (NSW Branch) Enterprise Agreement 2023

1. An application has been made for approval of an enterprise agreement known as the Bondi Junction Private Hospital (Nurses) and NSWNMA/ANMF (NSW Branch) Enterprise Agreement 2023 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bondi Newco Pty Ltd trading as Bondi Junction Private Hospital (the Applicant). The Agreement is a single enterprise agreement.

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

1. Noting clause 7 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

1. The Australian Nursing and Midwifery Federation (ANMF) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the ANMF.

1. The Agreement is approved and will operate from 18 September 2023 in accordance with s.54(1)(b) of the Act. The nominal expiry date of the Agreement is 1 July 2024.

COMMISSIONER

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<AE521377  PR765873>