Latvian Friendly Society Summary

[2013] FWCA 9207

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Latvian Friendly Society

(AG2013/11458)

LATVIAN FRIENDLY SOCIETY LTD NURSES ENTERPRISE

AGREEMENT 2013

Health and welfare services

DEPUTY PRESIDENT HAMILTON

MELBOURNE, 21 NOVEMBER 2013

Application for approval of the Latvian Friendly Society Ltd Nurses Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the

Latvian Friendly Society Ltd Nurses 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 the Latvian Friendly Society. The agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to

this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54, will operate from

28 November 2013. The nominal expiry date of the Agreement is 31 May 2017.

[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), I note that the Agreement covers the organisation.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

The Latvian Friendly Society Ltd applied for the approval of an enterprise agreement, the Latvian Friendly Society Ltd Nurses Enterprise Agreement 2013, under section 185 of the Fair Work Act 2009. This application was made to the Fair Work Commission, with Deputy President Hamilton presiding over the case in Melbourne on 21 November 2013. The agreement in question was a single enterprise agreement, and the applicant, the Latvian Friendly Society Ltd, sought approval for this agreement to cover its nurses.

The legal issues that the court was required to decide included whether the application met the criteria set out in sections 186, 187, and 188 of the Fair Work Act 2009, as relevant to this application for approval. The court also needed to determine if the agreement covered the Australian Nursing and Midwifery Federation, a bargaining representative for the agreement, as required by section 183 of the Act.

The court found that the application met all the necessary requirements and approved the agreement. The Latvian Friendly Society Ltd Nurses Enterprise Agreement 2013 was approved and would operate from 28 November 2013, with a nominal expiry date of 31 May 2017. The Australian Nursing and Midwifery Federation, a bargaining representative for the agreement, had given notice under section 183 of the Act that it wanted the agreement to cover it, and the court noted that the agreement covered the organisation in accordance with section 201(2) of the Act.

Latvian Friendly Society

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established