Balwyn Health Care

[2013] FWCA 6682

[2013] FWCA 6682

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Balwyn Health Care
(AG2013/2092)

BALWYN HEALTH CARE PRACTICE NURSES ENTERPRISE AGREEMENT 2013-2016

Health and welfare services
COMMISSIONER JOHNS	MELBOURNE, 6 SEPTEMBER 2013

Application for approval of the Balwyn Health Care Practice Nurses Enterprise Agreement 2013-2016.

[1] On 24 July 2013 Balwyn Health Care made an application for approval of the Balwyn Health Care 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 2 September 2013, Ms Natasha Fletcher, the Applicant’s representative, advised that the Agreement was lodged out of time due to difficulties ensuring the relevant application forms were completed correctly. 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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