austlii:cth/FWCA/2026/505
General information, not legal advice.
FWCA
2026-02-26
Original judgment source is linked above.
s.185 - Application for approval of a single-enterprise agreement
AUSTRALIAN COLLEGE OF NURSING NURSE EDUCATORS ENTERPRISE AGREEMENT - 2026 - 2028
Application for approval of the Australian College of Nursing Nurse Educators Enterprise Agreement 2026-2028
[1] An application has been made for approval of an enterprise agreement known as the Australian College of Nursing Nurse Educators Enterprise Agreement 2026-2028 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.
[2] Section 205A(1) of the Act provides that an enterprise agreement must include a delegates' rights term for workplace delegates to whom the agreement applies. The Agreement does not contain a delegates' rights term. Pursuant to subsection 205A(2)(b) of the Act, the delegates' rights term contained in the Educational Services (Post-Secondary Education) Award 2020 is taken to be a term of the Agreement.
[3] Pursuant to subsection 205(2) of the Act, the model consultation term determined by a Full Bench of the Fair Work Commission on 20 February 2025 in PR784578 is taken to be a term of the Agreement.
[4] On the basis of the material before the Fair Work Commission, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to this application for approval of the Agreement have been met.
[5] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 5 March 2026. The nominal expiry date of the Agreement is 25 February 2029.

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