St Andrew’s Toowoomba Hospital

[2017] FWCA 1792

[2017] FWCA 1792

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

St Andrew’s Toowoomba Hospital
(AG2017/771)

ST ANDREW’S TOOWOOMBA HOSPITAL AND QNU- NURSES - ENTERPRISE AGREEMENT 2015-2018

Health and welfare services
COMMISSIONER CIRKOVIC	MELBOURNE, 30 MARCH 2017

Application for approval of the St Andrew’s Toowoomba Hospital and QNU - Nurses - Enterprise Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the St Andrew’s Toowoomba Hospital and QNU - Nurses - Enterprise Agreement 2015-2018 (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 of the requirements of ss.186, 187 and 188 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 Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] 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.

[5] The Queensland Nurses’ Union of Employees and the Australian Nursing and Midwifery Federation being bargaining representatives for the Agreement, 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 organisations.

[6] The Agreement was approved on 30 March 2017 and, in accordance with s.54, will operate from 6 April 2017. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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