Westmead Rehabilitation Hospital Pty Ltd T/A Westmead Rehabilitation Hospital

[2014] FWCA 3308

[2014] FWCA 3308

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Westmead Rehabilitation Hospital Pty Ltd T/A Westmead Rehabilitation Hospital
(AG2014/5818)

WESTMEAD REHABILITATION HOSPITAL PTY LTD TRADING AS WESTMEAD REHABILITATION HOSPITAL AND NSWNMA/ANMF ENTERPRISE AGREEMENT 2014-2016

Health and welfare services
DEPUTY PRESIDENT BOOTH	SYDNEY, 19 MAY 2014

Application for approval of the Westmead Rehabilitation Hospital Pty Ltd trading as Westmead Rehabilitation Hospital and NSWNMA/ANMF Enterprise Agreement 2014-2016.

[1] An application has been made for approval of an enterprise agreement known as the Westmead Rehabilitation Hospital Pty Ltd trading as Westmead Rehabilitation Hospital and NSWNMA/ANMF Enterprise Agreement 2014-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Westmead Rehabilitation Hospital Pty Ltd T/A Westmead Rehabilitation Hospital. 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.202(1) 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

[3] The New South Wales Nurses and Midwives’ Association and the Australian Nursing and Midwifery Federation, New South Wales Branch, 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 the 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 26 May 2014. The nominal expiry date of the Agreement is 31 March 2016.

DEPUTY PRESIDENT

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