Eastern Palliative Care Association Inc.

[2016] FWCA 8641

[2016] FWCA 8641

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Eastern Palliative Care Association Inc.
(AG2016/6376)

EASTERN PALLIATIVE CARE ASSOCIATION INC. AND THE AUSTRALIAN NURSING AND MIDWIFERY FEDERATION NURSES AGREEMENT 2016

Health and welfare services
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 2 DECEMBER 2016

Application for approval of the Eastern Palliative Care Association Inc. and the Australian Nursing and Midwifery Federation Nurses Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Eastern Palliative Care Association Inc. and the Australian Nursing and Midwifery Federation Nurses Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Eastern Palliative Care Association Inc. The agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 2 December 2016 and, in accordance with s.54, will operate from 9 December 2016. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

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Annexure A