The Salvation Army (VIC) Property Trust as Trustee for Social Work T/A The Salvation Army

[2023] FWCA 921

[2023] FWCA 921

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

The Salvation Army (VIC) Property Trust as Trustee for Social Work T/A The Salvation Army

(AG2023/641)

GEELONG WITHDRAWAL UNIT REGISTERED NURSES AGREEMENT 2022

Social, community, home care and disability services
COMMISSIONER MIRABELLA	MELBOURNE, 28 MARCH 2023

Application for approval of the Geelong Withdrawal Unit Registered Nurses Agreement 2022.

1. The Salvation Army (VIC) Property Trust as Trustee for Social Work T/A The Salvation Army (the Employer) has made an application for approval of an enterprise agreement known as the Geelong Withdrawal Unit Registered Nurses Agreement 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

1. On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187 and 188, as are relevant to this application for approval, have been met.

1. The Employer did provide the notice of employee representational rights (the NERR) to employees, but it was not provided in the form prescribed by the regulations. The NERR was provided to employees in the body of an email, rather than being provided as a separate document. Pursuant to s.188(2), I am satisfied that the Agreement would have been genuinely agreed to but for the minor procedural error made in relation to the requirement in s.174(1A)(c). I am satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed to within the meaning of s.188(2) of the Act.

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) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

1. The Agreement was approved on 28 March 2023 and, in accordance with s.54 of the Act, will operate from 4 April 2023. The nominal expiry date of the Agreement is 31 August 2025.

COMMISSIONER

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