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austlii:cth/FWCA/2022/1494
procedural. Agreement approved; undertakings accepted; Agreement to operate from 11 May 2022 with nominal expiry date of 1 October 2022; Australian Nursing and Midwifery Federation noted as covered by the...
1 cited instrument linked from this judgment.
The Fair Work Commission approved an enterprise agreement for nurses at St Vincent's Private Hospital in Lismore. The employer provided undertakings to address any concerns, which the Commission accepted after confirming they wouldn't disadvantage employees or substantially change the agreement. The nurses' union (ANMF) will also be covered by the agreement. The agreement starts on 11 May 2022 and expires on 1 October 2022.
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s.185 - Enterprise agreement
The Trustees of the Roman Catholic Church for the Diocese of Lismore T/A St Vincent's Private Hospital
ST VINCENT'S PRIVATE HOSPITAL NURSES' ENTERPRISE AGREEMENT 2020 - 2022
Application for approval of the St Vincent's Private Hospital Nurses' Enterprise Agreement 2020 - 2022
[1] An application has been made for approval of an enterprise agreement known as the St Vincent's Private Hospital Nurses' Enterprise Agreement 2020 - 2022 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.
[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:
(a) cause financial detriment to any employee covered by the Agreement; or
(b) result in substantial changes to the Agreement.
[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.
[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.
[5] Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.
[6] The Australian Nursing and Midwifery Federation, being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.
[7] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 11 May 2022. The nominal expiry date of the Agreement is 1 October 2022.
Printed by authority of the Commonwealth Government Printer
Agreement approved; undertakings accepted; Agreement to operate from 11 May 2022 with nominal expiry date of 1 October 2022; Australian Nursing and Midwifery Federation noted as covered by the Agreement