Hobart District Nursing Service Inc Trading AS The District Nurses

[2025] FWCA 3250

[2025] FWCA 3250

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Hobart District Nursing Service Inc Trading AS The District Nurses

(AG2025/3064)

HOBART DISTRICT NURSING SERVICE INC. GENERAL STAFF AGREEMENT 2025

Social, community, home care and disability services
COMMISSIONER TRAN	MELBOURNE, 25 SEPTEMBER 2025

Application for approval of the Hobart District Nursing Service Inc. General Staff Agreement 2025

1. Hobart District Nursing Service Inc (ABN: 83 459 951 020) has applied for approval of an enterprise agreement known as the Hobart District Nursing Service Inc. General Staff Agreement 2025 under s 185 of the Fair Work Act 2009 (Cth).

1. The Agreement is a single enterprise agreement.

1. I observe that clause 12.2(b) – ‘Notice of Termination by the Employee’ may be inconsistent with the National Employment Standards.

1. Clause 6 of the Agreement gives precedence to the NES, and I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. Clause 12.2(b) – ‘Notice of Termination by the Employee’ provides for potential deductions from wages that may not be a permitted deduction in accordance with s 324, and may be of no effect to the extent that it offends s 326 of the Act.

1. The Employer has provided written undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

1. Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

1. The Health and Community Services Union (HSU) lodged a Form F18 statutory declaration giving notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) of the Act, I note the Agreement covers the HSU.

1. The Agreement is approved and, in accordance with s 54 of the Act, will operate from 2 October 2025.

1. In accordance with clause 4(b), the nominal expiry date of the Agreement is 25 September 2028.

COMMISSIONER

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