Montserrat Healthcare Pty Ltd t/a Montserrat Day Hospitals
[2024] FWCA 3613
•16 OCTOBER 2024
| [2024] FWCA 3613 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Montserrat Healthcare Pty Ltd t/a Montserrat Day Hospitals
(AG2024/3520)
NEXUS HOSPITALS QUEENSLAND NURSES ENTERPRISE AGREEMENT 2024
| Hospitality industry | |
| DEPUTY PRESIDENT ROBERTS | SYDNEY, 16 OCTOBER 2024 |
Application for approval of the Nexus Hospitals Queensland Nurses Enterprise Agreement 2024
An application has been made for approval of an enterprise agreement known as the Nexus Hospitals Queensland Nurses Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Montserrat Healthcare Pty Ltd t/a Montserrat Day Hospitals (the Applicant).
The Agreement covers 6 entities including the Applicant. The other entities are BPDH Operating Co. Pty Ltd, North Lakes Day Hospital Pty Ltd, Surgical Excellence Southport Pty Ltd, Windermere House Pty Ltd and Nexus Day Hospitals Pty Ltd. The Applicant has confirmed that these entities are related employers within the meaning of s 172(2) and (5A) of the Act. The Agreement is a single enterprise agreement.
I am satisfied that each of the requirements of ss186, 187 and 188 as is relevant to this application for approval has been met.
I note that Clause 7 of the Agreement provides that where this Agreement also has provisions regarding matters dealt with under the National Employment Standards (NES) and the provisions in the NES set out in the Act are more favourable to an Employee in a particular respect than those provisions, then the NES will prevail in that respect and the provisions dealing with that matter in this Agreement will have no effect in respect of that Employee.
The Australian Nursing and Midwifery Federation (ANMF) 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 ANMF.
The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 June 2027.
DEPUTY PRESIDENT
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