Australian Capital Territory T/A Justice and Community Safety Directorate
[2022] FWCA 137
•17 JANUARY 2022
| [2022] FWCA 137 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Australian Capital Territory T/A Justice and Community Safety Directorate
(AG2021/8828)
ACT PUBLIC SECTOR NURSING AND MIDWIFERY ENTERPRISE AGREEMENT 2020-2022
| State and Territory government administration | |
| COMMISSIONER P RYAN | SYDNEY, 17 JANUARY 2022 |
Application for approval of the ACT Public Sector Nursing and Midwifery Enterprise Agreement 2020-2022
The ACT Government (the Applicant) has applied for the approval of an enterprise agreement known as the ACT Public Sector Nursing and Midwifery Enterprise Agreement 2020-2022. The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).
Single Interest Employers
The Agreement is expressed to cover two employers, namely the Applicant and Calvary. I am satisfied on the materials provided that the Applicant and Calvary are single interest employers pursuant to s.172(5)(b) of the Act.
Section 190 Undertakings
The Applicant and Calvary provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.
Sections 186, 187, 188 and 190
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.
Section 183 Bargaining representatives
The Australia Nursing and Midwifery Federation (ANMF) and the Health Services Union (HSU) each being a bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them.
In accordance with s.201(2), I note that the Agreement covers the ANMF and the HSU.
Approval
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 January 2022. The nominal expiry date of the Agreement is 31 December 2022.
COMMISSIONER
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