North Mitcham Clinic

[2013] FWCA 6698

[2013] FWCA 6698

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

North Mitcham Clinic
(AG2013/1997)

NORTH MITCHAM CLINIC PRACTICE NURSES ENTERPRISE AGREEMENT 2013 - 2016

Health and welfare services
COMMISSIONER JOHNS	MELBOURNE, 6 SEPTEMBER 2013

Application for approval of the North Mitcham Clinic Practice Nurses Enterprise Agreement 2013-2016.

[1] On 17 July 2013 North Mitcham Clinic (the Applicant) made an application for approval of the North Mitcham Clinic Practice Nurses Enterprise Agreement 2013-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged outside the 14 day timeframe prescribed by s 185(3)(a) of the Act. The Fair Work Commission (the Commission) invited the Applicant to explain the late lodgement. On 3 September 2013, Ms Natasha Fletcher, a legal representative for the Applicant, advised that the Agreement was lodged late due to a delay in receiving documentation from the Applicant. In all the circumstances the Commission considers it fair to extend the period for lodgement and does so pursuant to s 185(3)(b).

[3] 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.

[4] The Australian Nursing 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 this organisation.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 13 September 2013. The nominal expiry date of the Agreement is 1 December 2016.

COMMISSIONER

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