Healthe Care Burnie Pty Ltd T/A North West Private Hospital

[2019] FWCA 7253

[2019] FWCA 7253

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Healthe Care Burnie Pty Ltd T/A North West Private Hospital
(AG2019/3428)

HEALTHE CARE AUSTRALIA PTY LTD - NORTH WEST PRIVATE HOSPITAL NURSES’ ENTERPRISE AGREEMENT 2019

Health and welfare services
COMMISSIONER YILMAZ	MELBOURNE, 21 OCTOBER 2019

Application for approval of the Healthe Care Australia Pty Ltd - North West Private Hospital Nurses’ Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Healthe Care Australia Pty Ltd - North West Private Hospital Nurses’ Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Healthe Care Burnie Pty Ltd T/A North West Private Hospital. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 8 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 and Health Services Union of Australia 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) I note that the Agreement covers those organisations.

[5] The Agreement is approved and, in accordance with s.54, will operate from 28 October 2019. The nominal expiry date of the Agreement is 1 August 2022.

COMMISSIONER

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