Ballarat and District Aboriginal Co-Operative Inc.

[2020] FWCA 5483

[2020] FWCA 5483

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ballarat and District Aboriginal Co-Operative Inc.
(AG2020/2804)

NURSES (BALLARAT AND DISTRICT ABORIGINAL CO-OPERATIVE LTD.) ENTERPRISE AGREEMENT 2019

Health and welfare services
DEPUTY PRESIDENT MANSINI	MELBOURNE, 14 OCTOBER 2020

Application for approval of the Nurses (Ballarat and District Aboriginal Co-operative Ltd.) Enterprise Agreement 2019.

[1] Ballarat and District Aboriginal Co-Operative Inc. (BADAC) has applied for approval of a single enterprise agreement known as the Nurses (Ballarat and District Aboriginal Co-operative Ltd.) Enterprise Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] BADAC sought to correct a typographical error in the original application, by filing an amended signature page and amended declaration. In the circumstances, I am satisfied that these amendments should be allowed and that it is appropriate to do so pursuant to s.586 of the Act.

[3] The model flexibility term prescribed by the Fair Work Regulations 2009 (Cth) (the Regulations) is taken to be a term of the Agreement, pursuant to s.202(4) of the Act.

[4] Written undertakings were given in accordance with s.190 of the Act and are attached at Annexure A (Undertakings). The bargaining representatives did not oppose the Undertakings. 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. Pursuant to s.201(3) of the Act, the Undertakings are taken to be terms of the Agreement.

[5] On the basis of the material contained in the application, further information provided on request of the Commission and the Undertakings, 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.

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

[7] The Agreement was approved on 14 October 2020 and, in accordance with s.54, will operate from 21 October 2020. The nominal expiry date of the Agreement is 30 June 2022.

[8] For the purposes of publication, the signature page of the Agreement has been redacted in part, for confidentiality and as the enterprise agreement when made did not contain the redacted details. 1

DEPUTY PRESIDENT

Annexure A

 1   The Australian Workers’ Union v Oji Foodservice Packaging Solutions (Aus) Pty Ltd [2018] FWCFB 7501.

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