Holy Spirit Northside Private Hospital Ltd - Re: Holy Spirit Northside and QNU – Nurses - Enterprise Agreement 2009-2012

Case

[2009] FWA 243

14 SEPTEMBER 2009

No judgment structure available for this case.

[2009] FWA 243


FAIR WORK AUSTRALIA

APPROVAL DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Holy Spirit Northside Private Hospital Ltd
(AG2009/12414)

HOLY SPIRIT NORTHSIDE AND QNU - NURSES - ENTERPRISE AGREEMENT 2009-2012
(ODN AG2009/12414) [AE871439]

Health and welfare services

SENIOR DEPUTY PRESIDENT RICHARDS

BRISBANE, 14 SEPTEMBER 2009

Application for approval of the Holy Spirit Northside and QNU - Nurses - Enterprise Agreement 2009-2012.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 27 August 2009 by the Holy Spirit Northside Private Hospital Limited trading as the Holy Spirit Northside Private Hospital Limited for the approval of a single enterprise agreement known as the Holy Spirit Northside and QNU – Nurses - Enterprise Agreement 2009-2012.

[2] The Agreement was made during the bridging period as defined in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (“the Transitional Act”). Accordingly, when considering whether to approve the Agreement the provisions of Part 2-4 of Chapter 2 of the Act as modified by Schedule 7 of the Transitional Act have been taken into account.

[3] The Agreement covers the Queensland Nurses’ Union of Employees.

[4] I am satisfied that each of the requirements of sections 186, 187 and 188 of the Act that are relevant to this application for approval have been met, and that such other requirements of the Act (bar in respect of my comments immediately below) have been met.

[5] The Agreement does not have a flexibility term for purposes of the Act. The model flexibility term provided in the Regulations is therefore taken to be a term of the Agreement.

[6] Consequently the Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 September 2009.The nominal expiry date of the Agreement is30 June 2012 as stipulated in clause 1.3 of the Agreement.

SENIOR DEPUTY PRESIDENT




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