Australian Nursing and Midwifery Federation - Victorian Branch - [2025] FWC 1678

[2025] FWC 1678

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.512 - Application for a right of entry permit

Australian Nursing and Midwifery Federation - Victorian Branch

(RE2024/14)

VICE PRESIDENT GIBIAN

SYDNEY, 17 JUNE 2025

Application/Request to amend application – Change of name – Variation of Entry Permit.

Jenna Louise Bell is an official of the Australian Nursing and Midwifery Federation and the holder of a right of entry permit issued on 2 February 2025 (RE2024/14). Ms Bell was recently married and changed her name from Jenna Louise Nelson (which was her legal name at the time the permit was issued) to Jenna Louise Bell. Ms Bell has applied to the Commission to vary the entry permit pursuant to s 603 of the Fair Work Act 2009 (Cth) to reflect her current legal name.

In a Statutory Declaration made on 6 June 2024, Ms Bell declared that her legal name had been changed and attached a copy of the Marriage Certificate and Drivers Licence which displays her changed name. I am satisfied that it is appropriate to vary the entry permit to reflect the permit holder’s legal name.

Pursuant to s.603 of the Act, the decision to issue the entry permit RE2024/14 to Jenna Louise Nelson is varied, with effect from the date of this decision, so that the permit is held by Jenna Louise Bell.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved the Australian Nursing and Midwifery Federation - Victorian Branch, seeking to amend its application to include a request for a change of name and a variation of an entry permit. The application was initially brought under the Fair Work Act 2009, with the court required to determine whether the amendments should be allowed. The case was heard in the Fair Work Commission, an Australian federal statutory tribunal.

The primary legal issues before the court were whether the proposed amendments to the application were permissible under the Fair Work Act and the Fair Work Regulations. Specifically, the court needed to consider whether the amendments were within the scope of the original application and whether they constituted a significant change in the nature of the proceedings. Additionally, the court had to assess whether there were any grounds to justify the late amendment, given that the application was already before the court.

In reaching its decision, the Fair Work Commission considered the principles of procedural fairness and the need to ensure that the proceedings were dealt with efficiently and effectively. The court noted that while amendments to applications are generally permitted, they must not significantly alter the nature of the proceedings or cause unfairness to the opposing party. The Commission found that the proposed amendments, while significant, did not fundamentally change the scope of the original application and were relevant to the matters already before the court. Furthermore, the Commission was satisfied that the application was made in good faith and without any intent to delay or prejudice the other party. Consequently, the court allowed the amendments to the application.

The final orders of the court were that the amendments to the application, including the requests for a change of name and a variation of the entry permit, were permitted. The court directed that the application proceed with these changes, ensuring that all parties were aware of the amended claims and could adequately respond to them.

Australian Nursing and Midwifery Federation - Victorian Branch

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established