The Eye Hospital Pty Ltd

Case

[2024] FWCA 2677

19 JULY 2024


[2024] FWCA 2677

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

The Eye Hospital Pty Ltd

(AG2024/2322)

EYE HOSPITAL NURSES ENTERPRISE AGREEMENT 2024

Health and welfare services

DEPUTY PRESIDENT MILLHOUSE

MELBOURNE, 19 JULY 2024

Application for approval of the Eye Hospital Nurses Enterprise Agreement 2024

  1. An application has been made for approval of an enterprise agreement known as the Eye Hospital Nurses Enterprise Agreement 2024 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by The Eye Hospital Pty Ltd (Employer). The Agreement is a single enterprise agreement.

  1. The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

  1. Subject to the undertakings referred to above, I am satisfied that each requirement of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met. For the purposes of the better off overall test, I have had regard to each of the matters in s 193A(2)-(7).

  1. The Agreement does not contain a flexibility term compliant with the Act. 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

  1. The Agreement is approved and, in accordance with s 54 of the Act will operate from 26 July 2024. The nominal expiry date of the Agreement is 26 July 2027.


DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE525501  PR777171>

Annexure A

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