East Sydney Day Hospital Pty Ltd T/A East Sydney Private Hospital

[2014] FWCA 1652

[2014] FWCA 1652

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

East Sydney Day Hospital Pty Ltd T/A East Sydney Private Hospital
(AG2014/3841)

EAST SYDNEY PRIVATE HOSPITAL NURSES’ NSWNMA/ANF ENTERPRISE AGREEMENT 2013-2016

Health and welfare services
DEPUTY PRESIDENT BOOTH	SYDNEY, 10 MARCH 2014

Application for approval of the East Sydney Private Hospital Nurses’ NSWNMA/ANF Enterprise Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the East Sydney Private Hospital Nurses’ NSWNMA/ANF Enterprise Agreement 2013-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by East Sydney Day Hospital Pty Ltd T/A East Sydney Private Hospital. The agreement is a single-enterprise agreement.

[2] The New South Wales Nurses and Midwives’ Association and the Australian Nursing and Midwifery Federation - New South Wales Branch, being bargaining representatives for the Agreement, have given 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 that the Agreement covers the organisations.

[3] The Agreement does contain a consultation term, however, it is not a consultation term which complies with s.205(1) of the Act. I note that the model consultation term is taken, pursuant to s.205(2) of the Act, to be a term of the Agreement.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 March 2014. The nominal expiry date of the Agreement is 30 March 2016.

DEPUTY PRESIDENT

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