Social, community, home care and disability services

Application for approval of the Eskleigh Foundation Inc. Nursing Agreement 2025

[1] An application has been made for approval of an enterprise agreement known as the Eskleigh Foundation Inc. Nursing Agreement 2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Eskleigh Foundation Incorporated (the Applicant). The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings, dated 19 February 2026, and a copy is attached in Annexure A. A copy of the undertaking has been provided to the bargaining representative(s) and I have sought their views in accordance with s.190(4) of the Act. The bargaining representative(s) did not express any view on the undertaking.

[3] I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement, thus appearing to meet the requirements of s.190(3). The undertaking is taken to be a term of the Agreement.

[4] Pursuant to s.205A(2) of the Act, the workplace delegates' rights term prescribed by clause 28A in the Nurses Award 2020 is taken to be a term of the Agreement.

[5] The "Australian Nursing and Midwifery Federation", 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) of the Act I note that the Agreement covers this organisation.

[6] I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act as are relevant to this application for approval have been met.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 15 January 2029.

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