Hobart Day Surgery Pty Ltd T/A Hobart Day Surgery

Case

[2024] FWCA 4058

20 NOVEMBER 2024


[2024] FWCA 4058

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Hobart Day Surgery Pty Ltd T/A Hobart Day Surgery

(AG2024/4127)

HOBART DAY SURGERY PTY LTD NURSES ENTERPRISE AGREEMENT 2023

Health and welfare services

DEPUTY PRESIDENT O’NEILL

MELBOURNE, 20 NOVEMBER 2024

Application for approval of the Hobart Day Surgery Pty Ltd Nurses Enterprise Agreement 2023

  1. An application has been made for approval of an enterprise agreement known as the Hobart Day Surgery Pty Ltd Nurses Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hobart Day Surgery Pty Ltd T/A Hobart Day Surgery. The Agreement is a single enterprise agreement.

  1. 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.

  1. The Australian Nursing and Midwifery Federation (ANMF) and the Health Services Union (HSU) being the 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. The ANMF and the HSU are supportive of approval and the HSU are of the view that the Agreement passes the better off overall test.

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 November 2024. The nominal expiry date of the Agreement is 30 March 2027.

DEPUTY PRESIDENT
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