austlii:cth/FWCA/2025/2988
General information, not legal advice.
FWCA
2025-09-04
Original judgment source is linked above.
s.185 - Enterprise agreement
ST LUKE'S CARE TRADING AS ST LUKE'S HOSPITAL AND AUSTRALIAN NURSING AND MIDWIFERY FEDERATION (NSW BRANCH) ENTERPRISE AGREEMENT 2024
Application for approval of the St Luke's Care trading as St Luke's Hospital and Australian Nursing and Midwifery Federation (NSW Branch) Enterprise Agreement 2024
[1] An application has been made for approval of an enterprise agreement known as the St Luke's Care trading as St Luke's Hospital and Australian Nursing and Midwifery Federation (NSW Branch) Enterprise Agreement 2024 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act) by St Luke's Care. The Agreement is a single enterprise agreement.
[2] I am satisfied that each requirement of ss.186, 187 and 188 of the FW Act as are relevant to this application for approval have been met.
[3] Noting clause 10.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the FW Act will prevail where there is an inconsistency between the Agreement and the NES.
[4] The Australian Nursing and Midwifery Federation (ANMF) lodged a Form F18 statutory declaration giving notice under s.183 of the FW Act that it wants the Agreement to cover it. In accordance with s.201(2) of the FW Act, I note the Agreement covers the ANMF.
[5] The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 30 June 2028.

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