Application for approval of the B. Braun Avitum Australia Pty Ltd and Nursing Staff Victorian Enterprise Agreement 2024 - 2026

[1] An application has been made for the approval of an enterprise agreement known as the B. Braun Avitum Australia Pty Ltd and Nursing Staff Victorian Enterprise Agreement 2024 - 2026. The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by B. Braun Avitum Australia Pty Ltd (the Employer). The Agreement is a single enterprise agreement.

[2] I observe that clause 23.11 (Public Holidays and Part-Time Employees) is likely to be inconsistent with the National Employment Standards (NES). The Agreement contains a NES precedence clause in clause 5.2. I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[1] The Employer provided written undertakings to address certain BOOT issues. A copy of the undertakings is attached in Schedule G of the Agreement. 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.

[2] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[3] The Australian Nursing & Midwifery Federation (ANMF) 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 ANMF.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 August 2025. The nominal expiry date of the Agreement is 31 December 2026.

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