Note: An appeal pursuant to s.604 (C2013/2652) was lodged against this decision - refer to Full Bench decision dated 26 March 2013 [[2013] FWCFB 1846] for result of appeal.

[2012] FWAA 10511

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FAIR WORK AUSTRALIA

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Nursing Federation
(AG2012/8453)

MELBOURNE EASTERN PRIVATE HOSPITAL AND THE AUSTRALIAN NURSING FEDERATION AND HEALTH SERVICES UNION NURSES ENTERPRISE AGREEMENT 2012

Health and welfare services

DEPUTY PRESIDENT HAMILTON

MELBOURNE, 20 DECEMBER 2012

Application for approval of the Melbourne Eastern Private Hospital and the Australian Nursing Federation and Health Services Union Nurses Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Melbourne Eastern Private Hospital and the Australian Nursing Federation and Health Services Union Nurses Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Australian Nursing Federation. The agreement is a single enterprise agreement.

[2] Further to my decision [2012] FWA 9905 PR531618, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] The Agreement is approved and, in accordance with s.54, will operate from 27 December 2012. The nominal expiry date of the Agreement is 30 June 2016.

[5] The Australian Nursing 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), I note that the Agreement covers the organisation.

DEPUTY PRESIDENT

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