Goulburn Valley Hospice Care Service Inc
[2024] FWCA 3067
•22 AUGUST 2024
| [2024] FWCA 3067 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Goulburn Valley Hospice Care Service Inc
(AG2024/2960)
GOULBURN VALLEY HOSPICE CARE SERVICE INC NURSES ENTERPRISE AGREEMENT 2024-28
| Health and welfare services | |
| DEPUTY PRESIDENT O’NEILL | MELBOURNE, 22 AUGUST 2024 |
Application for approval of the Goulburn Valley Hospice Care Service Inc Nurses Enterprise Agreement 2024-28.
An application has been made for approval of an enterprise agreement known as the Goulburn Valley Hospice Care Service Inc Nurses Enterprise Agreement 2024-28. (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Goulburn Valley Hospice Care Service Inc. The Agreement is a single enterprise agreement.
The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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. The undertakings are taken to be a term of the agreement.
Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the Nurses Award 2020 is taken to be a term of the Agreement.
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.
The Australian Nursing and Midwifery Federation (ANMF) 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. The ANMF support approval of the Agreement.
I observe that the following provision is likely to be inconsistent with the National Employment Standards (NES):
· Clause 24(d)(i) – Public Holidays
However, noting clause 6 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.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 August 2024. The nominal expiry date of the Agreement is 1 July 2028.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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Annexure A
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