St Vincents and Mater Health Sydney Limited T/A Mater Hospital

[2015] FWCA 3916

[2015] FWCA 3916

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

St Vincents and Mater Health Sydney Limited T/A Mater Hospital
(AG2015/2547)

MATER HOSPITAL NORTH SYDNEY NURSES' AND MIDWIVES' ENTERPRISE AGREEMENT 2014

Health and welfare services
DEPUTY PRESIDENT BOOTH	SYDNEY, 11 JUNE 2015

Application for approval of the Mater Hospital North Sydney Nurses' and Midwives' Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Mater Hospital North Sydney Nurses' and Midwives' Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by St Vincents and Mater Health Sydney Limited. The agreement is a single-enterprise agreement.

[2] The Agreement does contain a flexibility term, however, it is not a flexibility term which complies with s.203(2) of the Act. I note that the model flexibility term is taken, pursuant to s.202(4) of the Act, to be a term of the Agreement. A copy of the model flexibility term is attached to this decision.

[3] The New South Wales Nurses and Midwives’ Association and the New South Wales Branch of 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) of the Act, I note that the Agreement covers these organisations.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 June 2015. The nominal expiry date of the Agreement is 31 December 2016.

DEPUTY PRESIDENT

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