Victorian Hospitals' Industrial Association

[2013] FWCA 2287

[2013] FWCA 2287

FAIR WORK COMMISSION

DECISION

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

Victorian Hospitals' Industrial Association
(AG2013/5769)

NAPIER STREET AGED CARE SERVICES NURSES ENTERPRISE AGREEMENT 2012

Health and welfare services
COMMISSIONER MCKENNA	SYDNEY, 15 APRIL 2013

Application for approval of the Napier Street Aged Care Services Nurses Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Napier Street Aged Care Services Nurses Enterprise Agreement 2012 (“the Agreement”). The application has been made by Victorian Hospitals’ Industrial Association as employer bargaining representative for One Hundred & Seventy Nine Napier St Hostel Association Inc pursuant to s.185 of the Fair Work Act 2009 (“the Act”). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval has been met. One Hundred & Seventy Nine Napier St Hostel Association Inc has provided written undertakings addressing miscellaneous matters. A copy of the undertakings is attached to this decision and marked “Annexure A”. I note that, under s.191 of the Act, the undertakings are taken to be terms of the Agreement. The application was not filed within 14 days after the Agreement was made, but, on a consideration of the reasons for the delay, I consider it fair in all the circumstances to extend the period. Further, as the Agreement does not contain a flexibility term, the model flexibility term is taken to be a term of the Agreement.

[3] The Australian Nursing Federation (Vic Branch) (“ANF”) and the Health Services Union Victorian No.1 Branch (“HSU”) concur with the content of the undertakings. The ANF and HSU have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date is four years thereafter.

COMMISSIONER

Annexure A

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