Riverina Division of General Practice
[2010] FWA 2170
•15 MARCH 2010
[2010] FWA 2170 |
|
DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
(AG2009/23491)
COMMISSIONER MCKENNA | SYDNEY, 15 MARCH 2010 |
Riverina Division of General Practice and Primary Health Enterprise Agreement 2009.
[1] This application is identical to one that already has been approved in AG2009/23441. The circumstances concerning the duplication of applications were outlined as follows in correspondence from the applicant:
“Riverina Division of General Practice and Primary Health submitted an application for an Enterprise Agreement in December 2009 and due to an interpretation error regarding the submission process, an electronic copy was emailed to FWA and a hard copy was sent by mail. It would appear that both copies were given matter numbers and distributed for consideration. One copy was given to Commissioner Thatcher (AG2009/23441) and the other copy was given to you (AG2009/23491).
Commissioner Thatcher has since approved the Enterprise Agreement (AG2009/23441) [on] 19/2/10 and it became operational [on] 26/2/10. …
Based on the above advice, I respectfully ask that AG2009/23491 be withdrawn from the approval process.”
[2] The application before me had been stood-over pending consideration by the applicant of written undertakings, in consultation with the New South Wales Nurses’ Association – which was a bargaining representative concerning the agreement.
[3] With the approval of the duplicate application in AG2009/23441, this application is redundant. Nonetheless, the applicant confirmed in proceedings on 15 March 2010 a number of what were described as “assurances” concerning the operation of the agreement that was approved in AG2009/23441. On the basis of those assurances, the New South Wales Nurses’ Association consented to the withdrawal of this application.
[4] The proceedings are concluded accordingly.
COMMISSIONER
Appearances:
P. Locker, N. Piercy and J. Permezel for Riverina Division of General Practice.
L. McDonald and M. Wright for the New South Wales Nurses’ Association.
Hearing details:
2010
March 15;
February 3, 16;
January 19.
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