NEXUS HOSPITALS NSW NURSES ENTERPRISE AGREEMENT 2025

Application for approval of the Nexus Hospitals NSW Nurses Enterprise Agreement 2025

[1] An application has been made for approval of an enterprise agreement known as the Nexus Hospitals NSW Nurses Enterprise Agreement 2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Nexus Day Hospitals Pty Ltd trading as Nexus Hospitals (the Applicant). The Agreement covers seven employers. They are Felpet Pty Ltd, Bondi Newco Pty Ltd, Charlestown Private Hospital Pty Ltd, Insight Newco Pty Ltd, Kogarah Private Hospital Pty Ltd, Nexus PHDS Holdings Pty Ltd and the Applicant (together, the employers). The employers are related employers for the purposes of s.172(2) of the Act. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings (Annexure A). In accordance with s.190(4) of the Act the views of the bargaining representatives for the agreement were sought in relation to the undertakings. The bargaining representatives have indicated their acceptance of the undertakings provided. 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.

[3] Having regard to the supporting material and the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as is relevant to this application for approval has been met. The undertakings are taken to be a term of the Agreement.

[4] The Agreement does not contain a model flexibility term compliant with the Act. Pursuant to s.202(4) of the Act, the new model flexibility term in Schedule 1 of the Fair Work (Model Terms) Determination 2025 is be taken to be a term of the Agreement.

[5] I note that Clause 7 of the Agreement provides that where the Agreement also has provisions regarding matters dealt with under the National Employment Standards (NES) and the provisions in the NES set out in the Act are more favourable to an Employee in a particular respect than those provisions, then the NES will prevail in that respect and the provisions dealing with that matter in the Agreement will have no effect in respect of that Employee.

[6] The Australian Nursing and Midwifery Federation (NSW Branch) (ANMF) lodged a Form F18 statutory declaration giving 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 the Agreement covers the ANMF.

[7] The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 June 2028.

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