I-Med Victoria Pty Ltd T/A I-Med Victoria Pty Ltd
[2024] FWCA 2727
•25 JULY 2024
| [2024] FWCA 2727 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
I-Med Victoria Pty Ltd T/A I-Med Victoria Pty Ltd
(AG2024/2500)
I-MED VICTORIA AND TASMANIA NURSES ENTERPRISE AGREEMENT 2023
| Health and welfare services | |
| DEPUTY PRESIDENT BOYCE | SYDNEY, 25 JULY 2024 |
Application for approval of the I-MED Victoria and Tasmania Nurses Enterprise Agreement 2023
An application has been made for approval of an enterprise agreement to be known as the I-MED Victoria and Tasmania Nurses Enterprise Agreement 2023 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). It has been made by I-Med Victoria Pty Ltd T/A I-Med Victoria Pty Ltd (Employer). The Agreement is a single enterprise agreement.
The Employer has provided written undertakings dated 22 July 2024. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Nurses Award 2020), and that the undertakings will not result in substantial changes to the Agreement.
The Australian Nursing and Midwifery Federation (ANMF), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.
The ANMF, being a bargaining representative for the Agreement, have given notice under s.183 of the Act that they want to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.
I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 August 2024. The nominal expiry date of the Agreement is 30 June 2026.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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ANNEXURE A
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