Women's Health Care Incorporated T/A Women's Health and Family Services Summary

[2022] FWCA 1404

FAIR WORK COMMISSION

CORRECTION TO DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Women's Health Care Incorporated T/A Women's Health and Family Services

(AG2021/9378)

Womens Health and Family Services Enterprise Agreement 2022

Health and welfare services
DEPUTY PRESIDENT ASBURY	BRISBANE, 27 APRIL 2022

Application for approval of the Womens Health and Family Services Enterprise Agreement 2022 – Correction to nominal expiry date

The decision issued by the Fair Work Commission on 26 April 2022 [[2022] FWCA 1404] is corrected as follows:

By deleting paragraph [9] and replacing it with the following:

“The Agreement is approved in accordance with s.54 of the Act and will operate from 3 May 2022. The nominal expiry date of the Agreement is 26 April 2026.”

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Women's Health Care Incorporated, trading as Women's Health and Family Services, applied to the Fair Work Commission for approval of their 2022 enterprise agreement. The Commission was tasked with approving the agreement and determining its nominal expiry date. The applicant sought to amend the nominal expiry date of the agreement from 26 April 2026 to 26 April 2025.

The legal issues before the Fair Work Commission involved the proper interpretation of the Fair Work Act 2009 and the application of relevant provisions in approving the agreement. Specifically, the Commission had to determine whether the proposed amendment to the nominal expiry date was appropriate and in line with the legislative requirements. The applicant argued that the amendment was necessary due to an error in the initial decision, and that the correct date would ensure continuity in the agreement's terms.

In its decision, the Fair Work Commission considered the legislative framework and the applicant's arguments. The Commission noted that the agreement was otherwise in compliance with the Fair Work Act and that the proposed amendment to the nominal expiry date was a clerical error. The Commission concluded that correcting the nominal expiry date was necessary to accurately reflect the parties' intentions and to avoid any potential disruptions to the agreement's operation. Consequently, the Commission approved the amended agreement with the corrected nominal expiry date of 26 April 2026.

The Fair Work Commission corrected the earlier decision and approved the Women's Health and Family Services Enterprise Agreement 2022, effective from 3 May 2022, with a nominal expiry date of 26 April 2026. This decision rectified the error in the initial decision and ensured the agreement would operate as intended by the parties.

Women's Health Care Incorporated T/A Women's Health and Family Services

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established