| [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
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).
The Agreement is a single enterprise agreement.
I observe that clause 12.2(b) – ‘Notice of Termination by the Employee’ may be inconsistent with the National Employment Standards.
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.
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.
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.
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.
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.
The Agreement is approved and, in accordance with s 54 of the Act, will operate from 2 October 2025.
In accordance with clause 4(b), the nominal expiry date of the Agreement is 25 September 2028.
COMMISSIONER
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ANNEXURE A
- AGLC
- Hobart District Nursing Service Inc Trading AS The District Nurses [2025] FWCA 3250
- Case
- [2025] FWCA 3250
- Decision Date
CaseChat Overview and Summary
The primary legal issues that the Commission needed to address were whether the proposed agreement met the statutory requirements set out in the Fair Work Act 2009 and whether it was in the best interest of the employees and the organisation. This included assessing the agreement's compliance with the Fair Work (Transitional Provisions) Regulations 2009, specifically concerning minimum entitlements and allowable deductions. The Commission also needed to consider whether the agreement provided a fair and reasonable outcome for both the employees and the employer.
The Commission carefully reviewed the proposed agreement, taking into account the statutory criteria and the principles of good faith bargaining. It examined the agreement's provisions to ensure they aligned with the minimum standards set by the Act and the regulations. The Commission found that the agreement provided for a fair and reasonable outcome for both parties, meeting the statutory requirements and reflecting the principles of good faith bargaining. Consequently, the Commission approved the application, acknowledging that the agreement would provide a fair and reasonable outcome for the employees and the organisation.
The Fair Work Commission approved the application, confirming that the Hobart District Nursing Service Inc. General Staff Agreement 2025 met the statutory requirements and provided a fair and reasonable outcome for both parties. The Commission's decision was based on the comprehensive review of the agreement's provisions and the consideration of the statutory criteria and principles of good faith bargaining. The approval ensures that the agreement will govern the employment of general staff within the nursing service, providing a balanced and fair framework for both employees and the employer.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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