Bundaberg Friendly Society Medical Institute Limited t/as Friendly Society Private Hospital

[2024] FWCA 1140

[2024] FWCA 1140

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Bundaberg Friendly Society Medical Institute Limited t/as Friendly Society Private Hospital

(AG2024/660)

FRIENDLY SOCIETY PRIVATE HOSPITAL AND QNMU – NURSES ENTERPRISE AGREEMENT 2023-2026

Health and welfare services
DEPUTY PRESIDENT ROBERTS	SYDNEY, 2 APRIL 2024

Application for approval of the Friendly Society Private Hospital and QNMU – Nurses Enterprise Agreement 2023-2026

1. An application has been made for approval of an enterprise agreement known as the Friendly Society Private Hospital and QNMU – Nurses 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 Bundaberg Friendly Society Medical Institute Limited (the Applicant). The Agreement is a single enterprise agreement.

1. The Applicant has provided written undertakings (Annexure A). In accordance with s.190(4) of the Act the views of the bargaining representatives for the agreement were sought in relation to the undertakings. The bargaining representatives have indicated their acceptance of the undertakings provided. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

1. Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as is relevant to this application for approval has been met. The undertakings are taken to be a term of the Agreement.

1. I note that Clause 4.2 of the Agreement provides that the parties acknowledge that the National Employment Standards (NES) applies to this Agreement, and that the NES shall prevail over any clauses in this Agreement that are inconsistent with the minimum standards of the NES but only to the extent of such inconsistency.

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 in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 June 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE524025  PR772892>

Annexure A