DECISION

Fair Work Act 2009
s.160—Application to vary a modern award to remove ambiguity or uncertainty or correct error

Variation on the Commission’s Own Motion—Nurses Award 2020
(AM2021/77)

Section 160 of the Fair Work Act 2009 (Cth) – Commission acting on its own initiative to correct an error – Nurses Award 2020 – confirmed provisional view to vary clause 19.2.

[1] On 30 September 2021, I issued a Statement 1 (the Statement) in relation to what appeared to be an error in clause 19.2(b) of the Nurses Award 2020 (the Award).

[2] In the Statement, I expressed the provisional view that clause 19.2(b) of the Award, which contains a reference to clause 19.1(a), should be amended to refer to clause 19.2(a). A draft determination giving effect to the provisional view was attached to the statement.

[3] Any submissions opposing the provisional view were to be filed by 4pm (AEST) on 8 October 2021. In the Statement, I said that if no submissions were filed opposing the provisional view, a final determination would be issued in the same form as the draft determination.

[4] No submissions were received. Accordingly, I confirm my provisional view.

[5] I intend to deal with this matter as a single Member of the Fair Work Commission pursuant to s.616(3D)(a) of the Fair Work Act 2009 (the Act). Under s. 616(3D)(a) of the Act, the President may direct a single Member to perform a function or exercise a power under s.160 of the Act varying a modern award.

[6] A final determination varying the Award will be issued with this decision. The determination will be operative from 14 October 2021.

PRESIDENT

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 1   [2021] FWC 6032