Silver Chain Nursing Association (Incorporated)

Case

[2013] FWCA 49

4 JANUARY 2013

No judgment structure available for this case.

[2013] FWCA 49

FAIR WORK COMMISSION

DECISION

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

Silver Chain Nursing Association (Incorporated)
(AG2012/14347)

SILVER CHAIN NURSING ASSOCIATION (INCORPORATED) ENROLLED NURSES AGREEMENT 2012

Health and welfare services

COMMISSIONER CLOGHAN

PERTH, 4 JANUARY 2013

Application for approval of the Silver Chain Nursing Association (Incorporated) Enrolled Nurses Agreement 2012.

[1] On 20 December 2012, Silver Chain Nursing Association (Incorporated) made application for approval of a single enterprise agreement to be known as the Silver Chain Nursing Association (Incorporated) Enrolled Nurses Agreement 2012 (“the Agreement”). The application was made pursuant to s.185 of the Fair Work Act 2009 (“the FW Act”).

[2] The Agreement was made following a ballot on 6 December 2012.

[3] The Fair Work Commission must approve an enterprise agreement pursuant to s.186 of the FW Act if the requirements set out in that section, s.187 and s.188 are met.

[4] I am satisfied, from the material provided to the Commission, that ss.186, 187 and 188, as are relevant to this application for approval, have been met.

[5] The Australian Nursing Federation (ANF) and United Voice have declared that the ANF and United Voice were bargaining representatives for the Agreement and are entitled to represent the industrial interests of those employees in accordance with paragraph 176(1)(b) of the FW Act. Further, the ANF and United Voice support the approval of the Agreement by the Commission and have read and agree with the Employer’s statutory declaration in support of the application, insofar as it is within their knowledge. Finally, the ANF and United Voice have given notice that, pursuant to s.183 of the FW Act, they want to be covered by the Agreement.

[6] The Agreement is approved and will, in accordance with s.54(1) of the FW Act, operate from 11 January 2013.

[7] The nominal expiry date of this Agreement is three (3) years from the date of operation.

COMMISSIONER

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