Harrow Bush Nursing Centre Inc.
[2025] FWCA 958
•20 MARCH 2025
| [2025] FWCA 958 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Harrow Bush Nursing Centre Inc.
(AG2025/544)
VICTORIAN BUSH NURSING CENTRES NURSES ENTERPRISE AGREEMENT 2024
| Health and welfare services | |
| DEPUTY PRESIDENT DEAN | CANBERRA, 20 MARCH 2025 |
Application for approval of the Victorian Bush Nursing Centres Nurses Enterprise Agreement 2024.
An application has been made for approval of an enterprise agreement known as the Victorian Bush Nursing Centres Nurses Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Harrow Bush Nursing Centre Inc. (Employer). The Agreement is a multi-enterprise agreement.
The Employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the agreement.
Subject to the undertaking 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.
Clause 30(b) of the Agreement as it relates to withholding monies on termination of employment may be inconsistent with the National Employment Standards (NES). However, noting clause 9 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 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
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 March 2025. The nominal expiry date of the Agreement is 30 April 2028.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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Annexure A
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