Family Planning Victoria Incorporated T/A Family Planning Victoria

[2017] FWCA 1996

[2017] FWCA 1996

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Family Planning Victoria Incorporated T/A Family Planning Victoria
(AG2017/403)

FAMILY PLANNING VICTORIA AND THE AUSTRALIAN NURSING & MIDWIFERY FEDERATION (VICTORIAN BRANCH) ENTERPRISE AGREEMENT 2017

Health and welfare services
COMMISSIONER GREGORY	MELBOURNE, 7 APRIL 2017

Application for approval of the Family Planning Victoria and the Australian Nursing & Midwifery Federation (Victorian Branch) Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Family Planning Victoria and the Australian Nursing & Midwifery Federation (Victorian Branch) Enterprise Agreement 2017 (“the Agreement”). The application is made pursuant to s.185 of the Fair Work Act 2009 (Cth) (“the Act”) by Family Planning Victoria.

[2] The flexibility term contained in clause 9 of the Agreement does not comply with the requirements of s.203 of the Act. Therefore, in accordance with s.202(4) the model flexibility term set out in Schedule 2.2 of the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[3] I am otherwise satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[4] The Australian Nursing & Midwifery Federation (Victorian Branch), being a bargaining representative for the Agreement, has given notice under s.183 that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 April 2017. The nominal expiry date of the Agreement is 1 January 2020.

COMMISSIONER

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