Elmhurst Bush Nursing Centre Inc. T/A Elmhurst Bush Nursing Centre

[2018] FWCA 3616

[2018] FWCA 3616

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Elmhurst Bush Nursing Centre Inc. T/A Elmhurst Bush Nursing Centre
(AG2018/785)

ELMHURST BUSH NURSING CENTRE NURSES ENTERPRISE AGREEMENT 2017

Health and welfare services
COMMISSIONER LEE	MELBOURNE, 20 JUNE 2018

Application for approval of the Elmhurst Bush Nursing Centre Nurses Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Elmhurst Bush Nursing Centre Nurses Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Elmhurst Bush Nursing Centre Inc. T/A Elmhurst Bush Nursing Centre. The Agreement is a single enterprise agreement.

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

[3] I observe the following provisions are likely to be inconsistent with the National Employment Standards (NES):

•  Clause 27 (c) (i) - personal/carer’s leave;

However, noting clause 10 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] The Australian Nursing and Midwifery Federation being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 June 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

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