Family Planning NSW

[2014] FWCA 3190

[2014] FWCA 3190

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Family Planning NSW
(AG2014/895)

FAMILY PLANNING NSW AND NSW NURSES AND MIDWIVES’ ASSOCIATION NURSES AND MIDWIVES’ ENTERPRISE AGREEMENT 2013

Health and welfare services
DEPUTY PRESIDENT BOOTH	SYDNEY, 14 MAY 2014

Application for approval of the Family Planning NSW and NSW Nurses and Midwives’ Association Nurses and Midwives’ Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Family Planning NSW and NSW Nurses and Midwives’ Association Nurses and Midwives’ Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Family Planning NSW. The agreement is a single-enterprise agreement.

[2] The Agreement does contain a flexibility term, however, it is not a flexibility term which complies with s.202(1) of the Act. I note that the model flexibility term is taken, pursuant to s.202(4) of the Act, to be a term of the Agreement

[3] The Agreement does contain a consultation term, however, it is not a consultation term which complies with s.205(1) of the Act. I note that the model consultation term is taken, pursuant to s.205(2) of the Act, to be a term of the Agreement.

[4] The New South Wales Nurses and Midwives’ Association and the Australian Nursing and Midwifery Federation, New South Wales Branch, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisations.

[5] .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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 May 2014. The nominal expiry date of the Agreement is 30 June 2016.

DEPUTY PRESIDENT

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