Gastro West Pty Ltd as the Trustee for the Western Suburbs Endoscopy Services Unit Trust T/A Keilor Private [2023] FWCA 55 (9 January 2023)

Last Updated: 5 April 2023

[2023] FWCA 55

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement
Gastro West Pty Ltd as the Trustee for the Western Suburbs Endoscopy Services Unit Trust T/A Keilor Private

(AG2022/5353)

GASTRO WEST PTY LTD AS THE TRUSTEE FOR THE WESTERN SUBURBS ENDOSCOPY SERVICES UNIT TRUST NURSES ENTERPRISE AGREEMENT 2022

Health and welfare services
DEPUTY PRESIDENT O'NEILL	MELBOURNE, 9 JANUARY 2023

Application for approval of the Gastro West Pty Ltd as the Trustee for the Western Suburbs Endoscopy Services Unit Trust Nurses Enterprise Agreement 2022

[1] Keilor Private has applied for approval of an enterprise agreement known as the Gastro West Pty Ltd as the Trustee for the Western Suburbs Endoscopy Services Unit Trust Nurses Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australian Nursing and Midwifery Federation 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 organisation.

[4] I observe that clause 24(d) is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 8 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 January 2023. The nominal expiry date of the Agreement is 31 December 2025.

DEPUTY PRESIDENT

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