The Director General, Department of Health, Mental Health Commission, North Metropolitan Health Service, Child and Adolescent Health Service, East Metropolitan Health Service, Health Support Services, PathWest Laboratory Medicine WA, Quadriplegic Centre, South Metropolitan Health Service, WA Country Health Service v The Australian Nursing Federation Industrial Union of Workers Perth
Commissioner Emmanuel
Not yet cited by other cases
Applicant: The Director General, Department of Health, Mental Health Commission, North Metropolitan Health Service, Child and Adolescent Health Service, East Metropolitan Health Service, Health Support Services, PathWest Laboratory Medicine WA, Quadriplegic Centre, South Metropolitan Health Service, WA Country Health Service
Respondent: The Australian Nursing Federation Industrial Union of Workers Perth
Ratio
The Commission registered the WA Health System – Australian Nursing Federation – Registered Nurses, Midwives, Enrolled (Mental Health) and Enrolled (Mothercraft) Nurses – Industrial Agreement 2024 upon determining that the agreement met the requirements of the Industrial Relations Act 1979 (WA). The agreement replaced the 2022 agreement of the same name.
Outcome
For applicant
granted
Authority signal
Not yet cited by other cases
Signal-weighted score: 0.0
Derived from how later decisions have treated this case. Dark green = leading authority,
green = positively treated, grey = neutral or sparse data,
amber = caution, red = treated negatively.
Key facts · 6
- Application made under s41 of the Industrial Relations Act 1979 (WA) to register an industrial agreement
- The agreement was filed in the Registry on 14 January 2025
- Parties by consent provided an amended agreement to replace the original filed version on 14 February 2025
- The agreement replaces the WA Health System – Australian Nursing Federation – Registered Nurses, Midwives, Enrolled (Mental Health) and Enrolled (Mothercraft) Nurses – Industrial Agreement 2022
- Parties requested the agreement be registered on the papers
- Hearing held before Commissioner T Emmanuel on 19 February 2025
Factors
For
- The agreement met the requirements of the Industrial Relations Act 1979 (WA)
- Both parties consented to registration
- Parties consented to amendment of the agreement before registration
Against
Legislation referenced
- Industrial Relations Act 1979 (WA) s41
- Industrial Relations Act 1979 (WA) s41(8)
Concept tags · 3
Archived text (371 words)
WA HEALTH SYSTEM – AUSTRALIAN NURSING FEDERATION – REGISTERED NURSES, MIDWIVES, ENROLLED (MENTAL HEALTH) AND ENROLLED (MOTHERCRAFT) NURSES – INDUSTRIAL AGREEMENT 2024
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES The Director General, Department of Health, Mental Health Commission, North Metropolitan Health Service, Child and Adolescent Health Service, East Metropolitan Health Service, Health Support Services, PathWest Laboratory Medicine WA, Quadriplegic Centre, South Metropolitan Health Service, WA Country Health Service
APPLICANTS
-v-
The Australian Nursing Federation Industrial Union of Workers Perth
RESPONDENT
CORAM Commissioner T Emmanuel
DATE Wednesday, 19 February 2025
FILE NO/S AG 5 OF 2025
CITATION NO. 2025 WAIRC 00098
Result Agreement registered
Representation
Applicants Mr J Chapman (as agent)
Respondent Ms R Raschilla (as agent)
Order
WHEREAS this is an application under s 41 of the Industrial Relations Act 1979 (WA) to register an industrial agreement;
AND WHEREAS I am satisfied that the agreement meets the requirements of the Industrial Relations Act 1979 (WA) and that it should be registered;
AND WHEREAS the parties have requested that this agreement be registered on the papers;
AND WHEREAS clause 6(2) on page 9 of the agreement states that it replaces the WA Health System – Australian Nursing Federation – Registered Nurses, Midwives, Enrolled (Mental Health) and Enrolled (Mothercraft) Nurses – Industrial Agreement 2022;
AND WHEREAS on 14 February 2025, the parties, by consent, provided to the Commission an amended industrial agreement to replace the industrial agreement filed in the Registry on 14 January 2025;
AND HAVING heard from Mr J Chapman (as agent) on behalf of the applicants and Ms R Raschilla (as agent) on behalf of the respondent;
NOW THEREFORE the Commission, pursuant to the powers conferred under the Industrial Relations Act 1979 (WA), orders –
THAT the agreement made between the parties filed in the Registry on 14 February 2025 entitled WA Health System – Australian Nursing Federation – Registered Nurses, Midwives, Enrolled (Mental Health) and Enrolled (Mothercraft) Nurses – Industrial Agreement 2024 and attached to this order be registered as an industrial agreement in replacement of the WA Health System – Australian Nursing Federation – Registered Nurses, Midwives, Enrolled (Mental Health) and Enrolled (Mothercraft) Nurses – Industrial Agreement 2022, which by operation of s 41(8) is cancelled.
Commissioner T Emmanuel