St John Of God Health Care Inc T/A St John of God Health Care

[2019] FWCA 6174

[2019] FWCA 6174

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

St John Of God Health Care Inc T/A St John of God Health Care
(AG2019/2509)

ST JOHN OF GOD HEALTH CARE - ANMF - REGISTERED NURSES’ AND MIDWIVES’ AGREEMENT 2018

Health and welfare services
COMMISSIONER WILLIAMS	PERTH, 5 SEPTEMBER 2019

Application for approval of the St John of God Health Care - ANMF - Registered Nurses’ and Midwives’ Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the St John of God Health Care - ANMF - Registered Nurses’ and Midwives’ Agreement 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 John Of God Health Care Inc T/A St John of God Health Care. 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.

[3] 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, as clause 13(8)(a) does not comply with section 203(6)(a) of the Act.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 September 2019. The nominal expiry date of the Agreement is 12 December 2020.

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