New South Wales Nurses and Midwives Association
[2023] FWCA 1141
•20 APRIL 2023
| [2023] FWCA 1141 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
New South Wales Nurses and Midwives Association
(AG2023/849)
NEW SOUTH WALES NURSES AND MIDWIVES’ ASSOCIATION AND AUSTRALIAN NURSING AND MIDWIFERY FEDERATION NEW SOUTH WALES BRANCH EMPLOYMENT ENTERPRISE AGREEMENT 2023
| Health and welfare services | |
| DEPUTY PRESIDENT EASTON | SYDNEY, 20 APRIL 2023 |
Application for approval of the New South Wales Nurses and Midwives’ Association and Australian Nursing and Midwifery Federation New South Wales Branch Employment Enterprise Agreement 2023.
New South Wales Nurses and Midwives Association (Employer) has made an application for the approval of the New South Wales Nurses and Midwives’ Association and Australian Nursing and Midwifery Federation New South Wales Branch Employment Enterprise Agreement 2023 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a multi-enterprise agreement.
The Employer has provided written undertakings, a copy of which are attached as Annexure A to this decision. The undertakings can be accepted under s.190 of the Act because I am satisfied that they will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement pursuant to s.191 of the Act.
Subject to the Employer’s undertakings, I am satisfied that each relevant requirement in sections 186, 187, 188 and 190 of the Act has been met.
Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
The Australian Nursing and Midwifery Federation – New South Wales Nurses and Midwives’ Association Appointed Officers Branch (NSWNMA AOB) and the Australian Municipal, Administrative, Clerical and Services Union (ASU) were bargaining representatives for the Agreement and have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the NSWNMA AOB and ASU.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 April 2023. The nominal expiry date of the Agreement is 1 July 2025.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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Annexure A
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