St Andrew’s Toowoomba Hospital

[2021] FWCA 3995

[2021] FWCA 3995

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

St Andrew’s Toowoomba Hospital
(AG2021/5687)

ST ANDREW’S TOOWOOMBA HOSPITAL AND ANMF-NURSES-ENTERPRISE AGREEMENT 2020-2023

Health and welfare services
COMMISSIONER SIMPSON	BRISBANE, 8 JULY 2021

Application for approval of the St Andrew’s Toowoomba Hospital and ANMF-Nurses-Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the St Andrew’s Toowoomba Hospital and ANMF-Nurses-Enterprise Agreement 2020-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by St Andrew’s Toowoomba Hospital. The Agreement is a single enterprise agreement.

[2] I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] Noting clause 1.5 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

[4] The Australian Nursing and Midwifery Federation (ANMF) lodged a Form F18 statutory declaration supporting approval of the Agreement and giving notice under s.183 of the Act that it wants the Agreement to cover it.

[5] In accordance with s.201(2) of the Act, I note the Agreement covers ANMF.

[6] The Agreement is approved and will come into operation in accordance with s.54 of the Act.

COMMISSIONER

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