The Trustee for A F Mariani Family Trust (No. 2) T/A Reservoir Private Hospital Day Procedure Centre
[2022] FWCA 3385
•30 SEPTEMBER 2022
| [2022] FWCA 3385 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
The Trustee for A F Mariani Family Trust (No. 2) T/A Reservoir Private Hospital Day Procedure Centre
(AG2022/4008)
Reservoir Private Hospital Day Procedure Centre Nurses' Enterprise Agreement 2022
| Health and welfare services | |
| COMMISSIONER O'NEILL | MELBOURNE, 30 SEPTEMBER 2022 |
Application for approval of the Reservoir Private Hospital Day Procedure Centre Nurses' Enterprise Agreement 2022
Reservoir Private Hospital Day Procedure Centre has applied for approval of an enterprise agreement known as the Reservoir Private Hospital Day Procedure Centre Nurses’ Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.
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 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.
I observe that clause 24(d) is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 8 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 October 2022. The nominal expiry date of the Agreement is 1 July 2025.
COMMISSIONER
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