Continence Foundation of Australia Ltd T/A Continence Foundation of Australia
[2022] FWCA 4506
•21 DECEMBER 2022
| [2022] FWCA 4506 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Continence Foundation of Australia Ltd T/A Continence Foundation of Australia
(AG2022/4010)
Nurses (National Continence Helpline) Enterprise Agreement 2022-2025
| Health and welfare services | |
| COMMISSIONER SIMPSON | BRISBANE, 21 DECEMBER 2022 |
Application for approval of the Nurses (National Continence Helpline) Enterprise Agreement 2022-2025
An application has been made for approval of an enterprise agreement known as the Nurses (National Continence Helpline) Enterprise Agreement 2022-2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Continence Foundation of Australia Ltd T/A Continence Foundation of Australia (the Applicant). The Agreement is a single enterprise agreement.
The Applicant has provided written 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.
Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.
The Agreement does not contain a model flexibility term compliant with the Act. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
The Australian Nursing and Midwifery Federation (ANMF) lodged a Form F18 statutory declaration supporting approval of the Agreement and giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note that the Agreement covers the ANMF.
The Agreement is approved and will operate in accordance with s.54 of the Act.
COMMISSIONER
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