Mary’s Grange Incorporated T/A Mary’s Grange

[2014] FWCA 4400

[2014] FWCA 4400

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mary’s Grange Incorporated T/A Mary’s Grange
(AG2014/5825)

MARY’S GRANGE INC. NURSES AGREEMENT 2013

Tasmania
COMMISSIONER LEE	MELBOURNE, 1 JULY 2014

Application for approval of the Mary’s Grange Inc. Nurses Agreement 2013.

[1] An application has been made for approval of a single-enterprise agreement known as the Mary’s Grange Inc. Nurses Agreement 2013 (the Agreement). The application was made by Mary’s Grange Incorporated T/A Mary’s Grange pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The flexibility provision in clause 33 does not comply with the requirements in section 203 of the Act. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement, and will be appended to the Agreement.

[3] The consultation provision at clause 31 of the Agreement does not specify that consultation must occur regarding a change to regular rosters, as required by ss.205(1)(a)(ii) and s.205(1A) of the Act. In accordance with s.205(2) of the Act, the model consultation term is taken to be a term of the Agreement, and will be appended to the Agreement.

[4] 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.

[5] The Health Services Union of Australia and the Australian Nursing and Midwifery Federation, 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 these organisations.

[6] The Agreement is approved, and, in accordance with s.54 of the Act, will operate from 8 July 2014. The nominal expiry date of the Agreement is 31 October 2016.

COMMISSIONER

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