austlii:cth/FWCA/2025/4085
General information, not legal advice.
FWCA
2025-12-03
Original judgment source is linked above.
MARYVALE PRIVATE HOSPITAL NURSES ENTERPRISE AGREEMENT 2025
Application for approval of the Maryvale Private Hospital Nurses Enterprise Agreement 2025
[1] Maryvale Private Hospital Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Maryvale Private Hospital Nurses Enterprise Agreement 2025 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (Cth) (the FW Act). The Agreement is a single enterprise agreement.
[2] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187 and 188, as are relevant to this application for approval, has been met.
[3] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (the NES):
Clause 26(d)(i)
[4] However, noting clause 6 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
[5] The ANMF being a bargaining representative for the Agreement, has given notice under s 183 of the FW Act that it wants the Agreement to cover it. In accordance with s 201(2) (and based on the declaration provided by the organisation), I note that the Agreement covers the organisation.
[6] The Agreement is approved and, in accordance with s.54, will operate from 10 December 2025. The nominal expiry date of the Agreement is 1 October 2029.
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