APPLICATION FOR APPROVAL OF THE ACHA - NURSES' & MIDWIVES' - ENTERPRISE AGREEMENT - 2024

Application for approval of the ACHA - Nurses' & Midwives' - Enterprise Agreement - 2024

[1] An application has been made for approval of an enterprise agreement known as the ACHA - Nurses' & Midwives' - Enterprise Agreement - 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Adelaide Community Healthcare Alliance trading as Adelaide Community Healthcare Alliance or ACHA (the Applicant). The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. 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.

[3] Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[4] The Agreement does not contain a flexibility term that meets the requirements of the Act. Employees were asked to vote to approve the agreement on 11 April 2025. Thus, pursuant to s.202(4) and Clause 107 of Schedule 1 of the Act, the model flexibility term as prescribed by the Fair Work (Model Terms) Determination 2025 is taken to be a term of the Agreement.

[5] The Agreement does not contain a Delegates' Rights Term, as required by s.205A(1) of the Act. Under s.205A(2), the Workplace Delegates' Rights term in Clause 28A of the Nurses Award 2020 is taken to be a term of the Agreement.

[6] Noting the undertakings provided, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

[7] The Australian Nursing and Midwifery Federation (ANMF) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the ANMF.

[8] The Agreement is approved and will operate in accordance with s.54 of the Act from 6 June 2025. The nominal expiry date of the Agreement is 30 June 2027.

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