Royal District Nursing Service of SA Limited T/A RDNS or RDNS SA

[2022] FWCA 4288

[2022] FWCA 4288

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Royal District Nursing Service of SA Limited T/A RDNS or RDNS SA

(AG2022/4923)

Royal District Nursing Service of SA Ltd Nurses Enterprise Agreement 2022

Health and welfare services
COMMISSIONER YILMAZ	MELBOURNE, 13 DECEMBER 2022

Application for approval of the Royal District Nursing Service of SA Ltd Nurses Enterprise Agreement 2022.

1. An application has been made for approval of an enterprise agreement known as the Royal District Nursing Service of SA Ltd Nurses Enterprise Agreement 2022. (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Royal District Nursing Service of SA Limited T/A RDNS or RDNS SA. The Agreement is a single enterprise agreement.

1. I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

1. On 6^th December 2022, an apparent cross-referencing error at clause 38.2 of the Agreement was brought to the Commission’s attention by the Applicant. The Applicant requested a correction, if it is within the scope of the Commission’s powers to do so.

1. On 7^th December 2022, the Applicant sent a corrected page to the Commission and the bargaining representative. The bargaining representative was given three days to raise any objections or concerns regarding the request to make the correction. I note that the bargaining representative did not raise any objections to the correction.   

1. I am satisfied that the correction is to an obvious error in the drafting of the agreement. Pursuant to s.218A of the Act, the Commission may vary an enterprise agreement to correct or amend an obvious error, defect or irregularity. I am satisfied that making this amendment will not disadvantage any of the employees. I am satisfied that a correction can be made to the Agreement pursuant to s.218A. I confirm that the error in the original Agreement has been removed and clause 38.2 should read as follows: ‘Overtime will still apply in addition to the short notice payment where the employee works longer than 10 ordinary hours in a day or more than 76 ordinary hours in the fortnight, subject to clause 38.3.’ For the purposes of the parties’ reference, the amended page is attached in Annexure A.

1. 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.

1. 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.

1. The Agreement is approved and in accordance with s.54, will operate from 20 December 2022. The nominal expiry date of the Agreement is 1 August 2025.

COMMISSIONER

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Annexure A