//
austlii:cth/FWCA/2026/167
General information, not legal advice.
FWCA
2026-02-09
Original judgment source is linked above.
s.185 - Application for approval of a single-enterprise agreement
The Bays Healthcare Group Inc T/A The Bays Healthcare Group
Application for approval of the Bays Healthcare Group Acute Nurses Enterprise Agreement 2024
[1] An application has been made for approval of an enterprise agreement known as the Bays Healthcare Group Acute Nurses Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Bays Healthcare Group Inc T/A The Bays Healthcare Group (Bays Healthcare). The Agreement is a single enterprise agreement.
[2] In response to several issues raised with the Bays Healthcare in relation to its application, it has provided written undertakings, a copy of which are attached in Annexure A. The views of the bargaining representatives have been sought in relation to the undertakings. 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.
[3] The undertakings relate to:
Penalties for Sunday work
Interaction with the National Employment Standards
[4] Clause 6 of the Agreement provides that the National Employment Standards (NES) applies to employees covered by the agreement except where the agreement provides a more favourable outcome (NES precedence clause). On this basis, I am satisfied that any inconsistencies between the NES and the agreement do not prevent its approval.
[5] Several concerns were raised with Bays Healthcare, in relation to which further submissions were provided. I am satisfied as to the resolution of these concerns. 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.
[6] The Australian Nursing and Midwifery Federation (ANMF) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the ANMF.
[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate 7 days after approval.
Printed by authority of the Commonwealth Government Printer