Diaverum Pty Limited

[2013] FWCA 4776

[2013] FWCA 4776

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Diaverum Pty Limited
(AG2013/6053)

DIAVERUM AND NURSING STAFF ENTERPRISE AGREEMENT 2012 - 2016

Health and welfare services
COMMISSIONER JOHNS	MELBOURNE, 23 JULY 2013

Application for approval of the Diaverum and Nursing Staff Enterprise Agreement 2012-2016.

[1] On 12 April 2013 Diaverum Pty Limited made an application for approval of the Diaverum and Nursing Staff Enterprise Agreement 2012-2016 (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. On 18 July 2013, Ms Karla Salt, Managing Director of the Applicant, sought an extension of time on the basis that Ms Salt was temporarily out of the country which, as the authorised signatory of the Agreement, caused the inadvertent late lodgement. Ms Salt advised the Commission that there has been no change to the number of employees covered by the agreement. The Australian Nursing Federation does not oppose the extension of time. 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] The Commission satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[4] The Commission has accepted the undertakings attached to this decision, which has been given by the employer and note that the Nurses (Victorian Health Services) Award 2000 is incorporated into the Agreement, and that the terms of the Agreement apply to the extent of any inconsistency.

[5] The Australian Nursing Federation (Victoria Branch), 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.

[6] The Agreement is approved. In accordance with s.54 of the Act the Agreement will operate from 29 July 2013. The nominal expiry date of the Agreement is 30 September 2016.

COMMISSIONER

ATTACHMENT A

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