Nganampa Health Council Inc

Case

[2023] FWCA 774

10 MARCH 2023


[2023] FWCA 774

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Nganampa Health Council Inc

(AG2023/326)

Nganampa Health Council Inc Nursing Employees & Australian Nursing and Midwifery Federation South Australian Branch Enterprise Agreement 2023

Indigenous organisations and services

COMMISSIONER LEE

MELBOURNE, 10 MARCH 2023

Application for approval of the Nganampa Health Council Inc Nursing Employees & Australian Nursing and Midwifery Federation South Australian Branch Enterprise Agreement 2023

  1. An application has been made for approval of an enterprise agreement known as the Nganampa Health Council Inc Nursing Employees & Australian Nursing and Midwifery Federation South Australian Branch Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Nganampa Health Council Inc. The Agreement is a single enterprise agreement.

  1. The Employer 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. The undertakings are taken to be a term of the agreement.

  1. Subject to the undertakings referred to above, 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.

  1. The Australian Nursing and Midwifery Federation (ANMF) 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.

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 March 2023. The nominal expiry date of the Agreement is 31 December 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE519459  PR760200>

Annexure A

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