Baflis Pty Ltd ATF Baflis Unit Trust T/A Foster & Toora Medical Clinic

[2013] FWCA 6683

[2013] FWCA 6683

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Baflis Pty Ltd ATF Baflis Unit Trust T/A Foster & Toora Medical Clinic
(AG2013/1901)

FOSTER & TOORA MEDICAL CENTRE PRACTICE NURSES ENTERPRISE AGREEMENT 2013 - 2016

Health and welfare services
COMMISSIONER JOHNS	MELBOURNE, 6 SEPTEMBER 2013

Application for approval of the Foster & Toora Medical Centre Practice Nurses Enterprise Agreement 2013 - 2016.

[1] On 10 July 2013 Foster and Toora Medical Clinic made an application for approval of the Foster & Toora Medical Centre Practice Nurses Enterprise Agreement 2013 - 2016 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged outside of the 14 day timeframe prescribed by section 185(3)(a) the Act. The Commission invited the parties to explain the late lodgement. On 3 September 2013, Ms Natasha Fletcher, the Applicant’s representative, advised that the Agreement was lodged out of time due to a delay in collating the relevant materials for filing. In all the circumstances the Commission considers it fair to extent the period for lodgement and does so pursuant to section 185(3)(b).

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[4] The Australian Nursing and Midwifery Federation, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2), I note that the Agreement covers this organisation.

[5] The Agreement is approved. In accordance with s.54 of the Act the Agreement will operate from 13 September 2013. The nominal expiry date of the Agreement is 1 December 2016.

COMMISSIONER

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