The Cram Foundation

[2014] FWCA 3683

[2014] FWCA 3683

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Cram Foundation
(AG2014/883)

THE CRAM FOUNDATION NURSES ENTERPRISE AGREEMENT 2014

Health and welfare services
DEPUTY PRESIDENT BOOTH	SYDNEY, 3 JUNE 2014

Application for approval of The Cram Foundation Nurses Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as The Cram Foundation Nurses Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Cram Foundation. The agreement is a single-enterprise agreement.

[2] The Agreement does contain a consultation term, however, it is not a consultation term which complies with s.205(1) of the Act. I note that the model consultation term is taken, pursuant to s.205(2) of the Act, to be a term of the Agreement.

[3] An undertaking has been provided by Mr Gareth McKeen, CEO, The Cram Foundation. The written undertaking concerning clause 17.4 will be taken to be a term of the Agreement pursuant to s.191 of the Act.

[4] The New South Wales Nurses and Midwives’ Association and the Australian Nursing and Midwifery Federation, New South Wales Branch, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisations.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 June 2014. The nominal expiry date of the Agreement is 30 June 2016.

DEPUTY PRESIDENT

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