Mercy Palliative Care Ltd T/A Mercy Palliative Care

[2023] FWCA 832

[2023] FWCA 832

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Mercy Palliative Care Ltd T/A Mercy Palliative Care

(AG2023/504)

NURSES (MERCY PALLIATIVE CARE LTD) ENTERPRISE AGREEMENT 2021-2024

Health and welfare services
COMMISSIONER P RYAN	SYDNEY, 17 MARCH 2023

Application for approval of the Nurses (Mercy Palliative Care Ltd) EnterpriseAgreement 2021-2024

1. Mercy Palliative Care Ltd (Employer) has made an application for approval of an enterprise agreement known as the Nurses (Mercy Palliative Care Ltd) Enterprise Agreement 2021-2024 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

Section 190 Undertakings

1. The Employer provided written undertakings. A copy of the undertakings is attached in Annexure A. 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. The undertakings are taken to be a term of the Agreement.

Sections 186, 187, 188 and 190

1. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the FW Act as are relevant to this application for approval have been met.

Section 183 Bargaining representatives

1. The Australian Nursing and Midwifery Federation (ANMF) being a bargaining representative for the Agreement, has given notice under s.183 of the FW Act that it wants the Agreement to cover it.

1. In accordance with s.201(2) of the FW Act, I note that the Agreement covers the ANMF.

Approval

1. The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 24 March 2023. The nominal expiry date of the Agreement is 1 September 2024.

COMMISSIONER

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