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Dingee Bush Nursing Centre Incorporated

Dingee Bush Nursing Centre Incorporated

Case [2013] FWCA 1457

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[2013] FWCA 1457

FAIR WORK COMMISSION

CORRECTION TO DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Dingee Bush Nursing Centre Incorporated
(AG2013/5094)

DINGEE BUSH NURSING CENTRE INC. NURSES ENTERPRISE AGREEMENT 2012

Health and welfare services
COMMISSIONER GREGORY	MELBOURNE, 20 MARCH 2013

Application for approval of the Dingee Bush Nursing Centre Inc. Nurses Enterprise Agreement 2012.

The decision issued by the Fair Work Commission on 14 March 2013 [[2013] FWCA 1457, PR534632] is corrected as follows:

1. By deleting paragraph 4 and inserting the following:

“[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 March 2013. The nominal expiry date of the Agreement is 30 June 2016.”

COMMISSIONER

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Details

AGLC: Dingee Bush Nursing Centre Incorporated [2013] FWCA 1457
Case: [2013] FWCA 1457
Decision Date: 20 MARCH 2013

CaseChat Overview and Summary

The case of Dingee Bush Nursing Centre Incorporated involved a dispute regarding a correction to a decision made by the Fair Work Commission. The applicant, Dingee Bush Nursing Centre Incorporated, sought to have a decision corrected due to an error. The Fair Work Commission was the court responsible for hearing the matter.

The legal issues before the court were whether the application for correction was within the allowable time frame and whether the correction was necessary to address a significant error in the original decision. The court had to consider the statutory provisions governing corrections to decisions made by the Fair Work Commission, particularly the requirement for applications to be made within 28 days of the decision being made.

In its reasoning, the court found that the application for correction was indeed within the allowable time frame, as it had been made within 28 days of the original decision. The court also determined that the error in the original decision was significant enough to warrant a correction. The correction was necessary to ensure that the decision accurately reflected the facts and the law. Consequently, the court allowed the application for correction and made the necessary amendments to the original decision.

The final orders of the court involved correcting the decision to accurately reflect the facts and the law, and the amended decision was issued accordingly. The court's decision ensured that the original decision was rectified to prevent any potential injustice caused by the error.

Orders