Application by Bundaberg Friendly Society Medical Institute Limited Trading AS Friendly Society Private Hospital
Citation: [2026] FWCA 1950
What happened
Bundaberg Friendly Society Medical Institute Limited, trading as Friendly Society Private Hospital (the Employer), sought approval for the 'Friendly Society Private Hospital and QNMU – Nurses Enterprise Agreement 2026-2028'. The agreement is a single enterprise agreement covering nurses. A minor discrepancy existed between the Notice of Employee Representational Rights and the agreement's title. The Australian Nursing and Midwifery Federation (ANMF) indicated their desire for the agreement to cover them.
What was decided
The Fair Work Commission approved the Friendly Society Private Hospital and QNMU – Nurses Enterprise Agreement 2026-2028. Deputy President Butler found a minor technical error in the agreement's title did not disadvantage employees. The National Employment Standards (NES) will prevail over any inconsistencies within the agreement. The ANMF is covered by the agreement, as indicated in their declaration. The agreement’s expiry date is December 31, 2028.
What it means for employers
Employers seeking to implement enterprise agreements must ensure consistency between required documentation like Notices of Employee Representational Rights and the final agreement. They should also be aware that the NES will override any conflicting terms within the agreement.
What it means for employees
Nurses covered by this agreement benefit from the protections outlined in it, with the more beneficial entitlements of the National Employment Standards always applying where there is a conflict.
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →