Hobart District Nursing Service Inc T/A The District Nurses

[2020] FWCA 6859

[2020] FWCA 6859

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hobart District Nursing Service Inc T/A The District Nurses
(AG2020/3635)

HOBART DISTRICT NURSING SERVICE INC. NURSES AGREEMENT 2020

Health and welfare services
DEPUTY PRESIDENT YOUNG	MELBOURNE, 17 DECEMBER 2020

Application for approval of the Hobart District Nursing Service Inc. Nurses Agreement 2020.

[1] Hobart District Nursing Service Inc (the Employer) has made an application for approval of an enterprise agreement known as the Hobart District Nursing Service Inc. Nurses Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I observe that clause 25.12(a) of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 25(a) of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between this clause and the NES.

[3] The Australian Nursing and Midwifery Federation and the Health Services Union of Australia, being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they seek to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declarations provided by the organisations, I note that the Agreement covers the organisations.

[4] The Agreement was approved on 17 December 2020 and, in accordance with s 54, will operate from 24 December 2020. The nominal expiry date of the Agreement is 14 August 2024.

DEPUTY PRESIDENT

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