Australian College Of Nursing Ltd
[2024] FWCA 3017
•16 AUGUST 2024
| [2024] FWCA 3017 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Australian College Of Nursing Ltd
(AG2024/2724)
AUSTRALIAN COLLEGE OF NURSING ENTERPRISE AGREEMENT 2024 – 2028
| Educational services | |
| DEPUTY PRESIDENT BOYCE | SYDNEY, 16 AUGUST 2024 |
Application for approval of the Australian College of Nursing Enterprise Agreement 2024 – 2028
An application has been made for approval of an enterprise agreement to be known as the Australian College of Nursing Enterprise Agreement 2024 – 2028 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Australian College Of Nursing Ltd (Employer). The Agreement is a single enterprise agreement.
NERR issue
There was an issue raised by the Commission with the Employer regarding the use of a watermark header for the publication of Notice of Employee Representational Rights (NERR) provided to relevant employees.[1] Having regard to the submissions of the Employer dated 12 August 2024, I find that this issue constitutes a minor procedural and/or technical error. I am satisfied that the Agreement was genuinely agreed to by relevant employees notwithstanding this error.[2] I am also satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the error.
Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the Educational Services (Post-Secondary Education) Award 2020 is taken to be a term of the Agreement.
Conclusion
I am satisfied that each of the requirements of ss.186, 187, 188 and 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.
I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 August 2024. The nominal expiry date of the Agreement is 16 August 2028.
DEPUTY PRESIDENT
[1] Note the requirements of ss. 173 and 174 of the Fair Work Act 2009.
[2] See s.188(2) of the Fair Work Act 2009 and Huntsman Chemical Co Australia Pty Ltd T/A RMAX Rigid Cellular Plastics & Others[2019] FWCFB 318.
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