Palliative Care South East Ltd T/A Palliative Care South East

Case

[2024] FWCA 4126

26 NOVEMBER 2024


[2024] FWCA 4126

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Palliative Care South East Ltd T/A Palliative Care South East

(AG2024/4099)

PALLIATIVE CARE SOUTH EAST NURSES ENTERPRISE AGREEMENT 2024

Health and welfare services

COMMISSIONER YILMAZ

MELBOURNE, 26 NOVEMBER 2024

Application for approval of the Palliative Care South East Nurses Enterprise Agreement 2024

  1. An application has been made for approval of an enterprise agreement known as the Palliative Care South East 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 Palliative Care South East Ltd T/A Palliative Care South East. The Agreement is a single enterprise agreement.

  1. I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

  1. The Australian Nursing and Midwifery Federation being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

  1. The Agreement is approved and in accordance with s.54, will operate from 3 December 2024. The nominal expiry date of the Agreement is 31 October 2027.

COMMISSIONER

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