The Trustee for Delmont Hospital Unit Trust T/A Delmont Private Hospital
[2024] FWCA 994
•21 MARCH 2024
| [2024] FWCA 994 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
The Trustee for Delmont Hospital Unit Trust T/A Delmont Private Hospital
(AG2024/594)
DELMONT PRIVATE HOSPITAL NURSES ENTERPRISE AGREEMENT 2023
| Health and welfare services | |
| COMMISSIONER MIRABELLA | MELBOURNE, 21 MARCH 2024 |
Application for approval of the Delmont Private Hospital Nurses Enterprise Agreement 2023.
The Trustee for Delmont Hospital Unit Trust T/A Delmont Private Hospital (the Employer) has made an application for approval of an enterprise agreement known as the Delmont Private Hospital Nurses Enterprise Agreement 2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the FW Act). The Agreement is a single enterprise agreement.
The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the FW Act, that commenced operation on 6 June 2023. The notification time for the Agreement was 11 September 2023 and the Agreement was made on 26 February 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.
On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187 and 188, as are relevant to this application for approval, has been met.
The Australian Nursing and Midwifery Federation, being a bargaining representative for the Agreement, has given notice under s.183 of the FW Act that it wants the Agreement to cover it. In accordance with s.201(2) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.
The Agreement was approved on 21 March 2024 and, in accordance with s.54 of the FW Act, will operate from 28 March 2024. The nominal expiry date of the Agreement is 11 March 2028.
COMMISSIONER
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