OneCare Limited

Case

[2024] FWCA 4260

3 DECEMBER 2024


[2024] FWCA 4260

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

OneCare Limited

(AG2024/4419)

ONECARE LTD NURSING EMPLOYEES ENTERPRISE AGREEMENT 2023

Nursing industry

COMMISSIONER CRAWFORD

SYDNEY, 3 DECEMBER 2024

Application for approval of the OneCare Ltd Nursing Employees Enterprise Agreement 2023

  1. An application has been made for approval of an enterprise agreement known as the OneCare Ltd Nursing Employees Enterprise Agreement 2023 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act). It has been made by OneCare Limited (Applicant). The Agreement is a single enterprise agreement.

  1. The Applicant has provided a written undertaking. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

  1. Subject to the undertaking referred to above, I am satisfied that each requirement of ss.186, 187 and 188 of the FW Act as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

  1. Noting the undertaking provided, I am satisfied that the more beneficial entitlements of the NES in the FW Act will prevail where there is an inconsistency between the Agreement and the NES.

  1. The Australian Nursing and Midwifery Federation (ANMF) and the Health Services Union (HSU) have lodged Form F18 statutory declarations giving notice under s.183 of the FW Act that they want the Agreement to cover them. In accordance with s.201(2) of the FW Act, I note the Agreement covers the ANMF and the HSU.

  1. The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 30 July 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE527024  PR781950>

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

0