Australian Nursing and Midwifery Federation

[2018] FWCA 1103

[2018] FWCA 1103

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.217—Enterprise agreement

Australian Nursing and Midwifery Federation
(AG2018/419)

ST VINCENT’S CARE SERVICES (VICTORIA/TASMANIA) ANMF ENTERPRISEAGREEMENT 2017

Aged care industry
COMMISSIONER CRIBB	MELBOURNE, 2 MARCH 2018

Application for variation of the St. Vincent’s Care Services (Victoria/ Tasmania) ANMF Enterprise Agreement 2017 - Appendix A - Wage Rates.

[1] This matter is an application by the Australian Nursing and Midwifery Federation (ANMF), under section 217 of the Fair Work Act 2009 (the Act), to vary the St Vincent's Care Services (Victoria/Tasmania) ANMF Enterprise Agreement 2017 (the Agreement) in order to remove an ambiguity or an uncertainty.

[2] The application is a consent application between the ANMF and St Vincent’s Care Services Ltd T/A St Vincent’s Care Services (the employer).

[3] Section 217 provides for the variation of enterprise agreements to remove ambiguity or uncertainty as follows:

“217 Variation of an enterprise agreement to remove an ambiguity or uncertainty

(1) The FWC may vary an enterprise agreement to remove an ambiguity or uncertainty on application by any of the following:

(a) one or more of the employers covered by the agreement;

(b) an employee covered by the agreement;

(c) an employee organisation covered by the agreement.

(2) If the FWC varies the enterprise agreement, the variation operates from the day specified in the decision to vary the agreement.”

[4] An ambiguity or uncertainty has arisen in relation to the interaction between clause 10 and 47 of the Agreement and Appendix A -Wage Rates. The ANMF seeks to replace the current Appendix A with a corrected Appendix A which includes the October 2017 rates and allowances.

[5] On the basis of the material before me, I am satisfied that there are the ambiguities or uncertainties as submitted by the ANMF and as agreed/supported by St Vincent’s Care Services.

[6] Accordingly, the application is granted and the variations, as sought, will operate from 2 March 2018. The consolidated version of the Agreement, as varied, is attached to this decision.

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