austlii:cth/FWCA/2025/3919
General information, not legal advice.
FWCA
2025-11-20
Original judgment source is linked above.
s.185 - Enterprise agreement
Banksia Palliative Care Service Incorporated Trading AS Banksia Palliative Care Inc
BANKSIA PALLIATIVE CARE SERVICE INC. NURSES ENTERPRISE AGREEMENT 2025
Application for approval of the Banksia Palliative Care Service Inc. Nurses Enterprise Agreement 2025
[1] Banksia Palliative Care Service Incorporated T/A Banksia Palliative Care Inc (the Employer) has made an application for approval of a single-enterprise agreement known as the Banksia Palliative Care Service Inc. Nurses Enterprise Agreement 2025 (the Agreement), pursuant to s 185 of the Fair Work Act 2009 (Cth) (the Act).
[2] I note that some provisions of the Agreement, being clause 24(d) (Public Holidays) and 26 (Compassionate Leave) may be inconsistent with the National Employment Standards (NES). However, clause 6 (Relationship to the National Employment Standards) of the Agreement operates to provide that more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES. Consequently, I am satisfied that the terms of the Agreement do not contravene s 55 of the Act.
[3] 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.
[4] The Australian Nursing and Midwifery Federation (ANMF) being a bargaining representative for the Agreement, have given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2), I note the Agreement covers the Australian Nursing and Midwifery Federation (ANMF).
[5] The Agreement is approved and, in accordance with s 54 of the Act, will operate seven days after approval.
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