Heyfield Hospital Incorporated T/A Heyfield Hospital

[2021] FWCA 5027

[2021] FWCA 5027

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Heyfield Hospital Incorporated T/A Heyfield Hospital
(AG2021/6502)

HEYFIELD HOSPITAL INCORPORATED NURSES AND HEALTH AND ALLIED EMPLOYEES ENTERPRISE AGREEMENT 2019

Aged care industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 13 AUGUST 2021

Application for approval of the Heyfield Hospital Incorporated Nurses and Health and Allied Employees Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Heyfield Hospital Incorporated Nurses and Health and Allied Employees 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 Heyfield Hospital Incorporated T/A Heyfield Hospital. 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 note that several clauses may be inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 5 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[4] The Australian Nursing and Midwifery Federation and the Health Services Union 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 the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 August 2021. The nominal expiry date of the Agreement is 1 July 2023.

DEPUTY PRESIDENT

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