HOBART DISTRICT NURSING SERVICE INC. NURSES AGREEMENT 2025

Application for approval of the Hobart District Nursing Service Inc. Nurses Agreement 2025

[1] The Hobart District Nursing Service Inc trading as The District Nurses (the Employer) has made an application, pursuant to s.185 of the Fair Work Act 2009 (the Act), for approval of a single enterprise agreement known as the Hobart District Nursing Service Inc. Nurses Agreement 2025 (the Agreement).

[2] The Health Services Union (HSU) and the Australian Nursing and Midwifery Federation (ANMF) 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) I note that the Agreement covers the HSU and ANMF.

[3] The agreement title on the Notice of Employee Representational Rights (NERR) that was issued to the employees was the "Hobart District Nursing Service Inc. Nurses Agreement 2024" which does not match the title of the Agreement to be approved. I am satisfied that this is a minor procedural or technical error and that employees were not likely to have been disadvantaged by it. Accordingly, I exercise the discretion conferred by s.188(5) of the Act to disregard this error.

[4] The following provisions may be inconsistent with the National Employment Standards (NES):

• In relation to annual leave, clause 26.1 of the Agreement provides that employees are entitled to 152 hours of annual leave per year, inconsistent with s.87 of the Act which specifies annual leave in weeks. However, clause 26(a) of the Agreement provides that 'annual leave is a matter provided for in the NES. Where there is an inconsistency between this clause and the NES, and the NES provides a greater benefit, the NES provision will apply to the extent of the inconsistency'. Noting clause 6 and clause 26(a) of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

• In relation to compassionate leave, clause 28.1(a) of the Agreement provides compassionate leave where a member of an employee's immediate family or household contracts or develops a serious illness, or sustains a serious injury, or dies; however it is silent in relation to compassionate leave for stillbirth/miscarriage as is provided by s.104(1)(b) and (c) of the Act. However, clause 28.1 of the Agreement provides that 'compassionate leave is a matter provided for in the NES. Where there is an inconsistency between this Clause and the NES, and the NES provides a greater benefit, the NES provision will apply to the extent of the inconsistency'. Noting clause 6 and clause 28.1 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] I raised a concern regarding Casual Employees receiving overtime not being better off overall under the Agreement. The Employer provided an undertaking to resolve this issue, and specified that with respect to clause 11.6(c) of the Agreement, the words 'but shall not be taken into account when calculating overtime payments' will have no effect for the life of the Agreement, and the loading payable to Casual Employees is to be applied to the Ordinary Hourly Rate before calculating overtime.

[6] A copy of the undertakings is attached in Annexure A. 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.

[7] 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.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 December 2025. The nominal expiry date of the Agreement is 30 September 2028.

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