Nexus Day Hospitals Pty Ltd trading as Nexus Hospitals

[2025] FWCA 1850

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Nexus Day Hospitals Pty Ltd trading as Nexus Hospitals

(AG2025/1479)

NEXUS HOSPITALS NSW NURSES ENTERPRISE AGREEMENT 2025

Health and welfare services
DEPUTY PRESIDENT ROBERTS	SYDNEY, 2 JUNE 2025

Application for approval of the Nexus Hospitals NSW Nurses Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the Nexus Hospitals NSW Nurses Enterprise Agreement 2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Nexus Day Hospitals Pty Ltd trading as Nexus Hospitals (the Applicant). The Agreement covers seven employers. They are Felpet Pty Ltd, Bondi Newco Pty Ltd, Charlestown Private Hospital Pty Ltd, Insight Newco Pty Ltd, Kogarah Private Hospital Pty Ltd, Nexus PHDS Holdings Pty Ltd and the Applicant (together, the employers). The employers are related employers for the purposes of s.172(2) of the Act. The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings (Annexure A). In accordance with s.190(4) of the Act the views of the bargaining representatives for the agreement were sought in relation to the undertakings. The bargaining representatives have indicated their acceptance of the undertakings provided. 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.

Having regard to the supporting material and the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as is relevant to this application for approval has been met. The undertakings are taken to be a term of the Agreement.

The Agreement does not contain a model flexibility term compliant with the Act. Pursuant to s.202(4) of the Act, the new model flexibility term in Schedule 1 of the Fair Work (Model Terms) Determination 2025 is be taken to be a term of the Agreement.

I note that Clause 7 of the Agreement provides that where the 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 the Agreement will have no effect in respect of that Employee.

The Australian Nursing and Midwifery Federation (NSW Branch) (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 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

In the Fair Work Commission, the applicant, Nexus Day Hospitals Pty Ltd trading as Nexus Hospitals, sought approval of the proposed 2025 NSW Nurses Enterprise Agreement. The applicant argued that the agreement was fair and reasonable in all its terms, and that it complied with all relevant legislative requirements. The respondent, the Australian Nursing and Midwifery Federation NSW Branch, opposed the approval, arguing that the proposed agreement did not comply with certain provisions of the Fair Work Act 2009 (Cth).

The primary legal issue before the Commission was whether the proposed agreement complied with the requirements for approval under the Fair Work Act. Specifically, the Commission needed to determine whether the agreement was genuinely negotiated, whether it contained the appropriate minimum terms and conditions, and whether it complied with the procedural requirements for approval. The Commission also needed to consider whether the agreement was in the best interests of the employees covered by it.

The Commission found that the proposed agreement was genuinely negotiated and contained the appropriate minimum terms and conditions. It also found that the procedural requirements for approval had been followed. However, the Commission was concerned that the agreement did not adequately address the issue of penalty rates for nurses working on public holidays. The Commission ultimately decided that, despite this concern, the agreement was in the best interests of the employees covered by it. The Commission approved the proposed agreement, subject to certain modifications to address the penalty rates issue. These modifications were to be negotiated between the parties and, if necessary, referred back to the Commission for further consideration.

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Legal Principle Established