Burnside War Memorial Hospital Inc T/A Burnside War Memorial Hospital Inc

Case

[2023] FWCA 2236

19 JULY 2023


[2023] FWCA 2236

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Burnside War Memorial Hospital Inc T/A Burnside War Memorial Hospital Inc

(AG2023/2303)

BURNSIDE WAR MEMORIAL HOSPITAL INC NURSING AND MIDWIFERY EMPLOYEES ANMF ENTERPRISE AGREEMENT 2023

Health and welfare services

DEPUTY PRESIDENT ROBERTS

SYDNEY, 19 JULY 2023

Application for approval of the Burnside War Memorial Hospital Inc Nursing and Midwifery Employees ANMF Enterprise Agreement 2023

  1. An application has been made for approval of an enterprise agreement known as the Burnside War Memorial Hospital Inc Nursing and Midwifery Employees ANMF 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 Burnside War Memorial Hospital Inc (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 2.6 of the Agreement provides that this Agreement will be read and interpreted in conjunction with the National Employment Standards (NES). Where there is an inconsistency between this agreement and the NES, and the NES provides a greater benefit, the NES provision will apply to the extent of the inconsistency.

  1. The Australian Nursing and Midwifery Federation South Australian Branch (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 2 October 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE520819  PR764382>

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