Nurses on Wheels Australia Ltd. T/A Clever Care Now

[2021] FWCA 372

[2021] FWCA 372

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Nurses on Wheels Australia Ltd. T/A Clever Care Now
(AG2020/3659)

NURSES ON WHEELS AUSTRALIA LTD. TRADING AS CLEVER CARE NOW AND THE NSWNMA / ANMF NSW BRANCH ENTERPRISE AGREEMENT 2020-2021

Health and welfare services
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 5 FEBRUARY 2021

Application for approval of the Nurses On Wheels Australia Ltd. trading as Clever Care Now and the NSWNMA / ANMF NSW Branch Enterprise Agreement 2020-2021.

[1] An application has been made for approval of an enterprise agreement known as the Nurses On Wheels Australia Ltd. trading as Clever Care Now and the NSWNMA / ANMF NSW Branch Enterprise Agreement 2020-2021 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by Nurses on Wheels Australia Ltd. T/A Clever Care Now (Employer). The Agreement is a single enterprise agreement.

[2] Notwithstanding the title of the Agreement, the Notice of Employee Representational Rights (Notice) issued to employees at notification time identified the Agreement as Nurses On Wheels Australia Ltd Enterprise Agreement 2019. However, the amendment to the Agreement title after the issuance of the Notice did not alter its scope. Having regard to this matter and the submissions advanced by the Employer, I am satisfied that:

(a) the change to the Agreement title constitutes a minor procedural or technical error for the purposes of s 188(2)(a); and

(b) employees to be covered by the Agreement were not likely to have been disadvantaged by the error. 1

[3] I am satisfied that the Agreement was genuinely agreed to within the meaning of s 188(2) of the Act.

[4] 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.

[5] 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.

[6] The Agreement is approved and in accordance with s 54 of the Act will operate from 12 February 2021. The nominal expiry date of the Agreement is 30 December 2021.

DEPUTY PRESIDENT

 1   Huntsman Chemical Company Australia Pty Limited t/a RMAX Rigid Cellular Plastics and Others [2019] FWCFB 318

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