Department of Justice v Australian Nursing Federation, Industrial Union of Workers Perth
Commissioner Emmanuel
Not yet cited by other cases
Applicant: Department of Justice
Respondent: Australian Nursing Federation, Industrial Union of Workers Perth
Ratio
An industrial agreement for registered nurses and enrolled mental health nurses was properly registered under s41 of the IR Act 1979 (WA) after the Commission amended the agreement to include a missing page that the parties had unintentionally omitted.
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 filed to register an industrial agreement between Department of Justice and Australian Nursing Federation
- Agreement covers registered nurses and enrolled (mental health) nurses
- Parties unintentionally omitted page 103 from the original agreement
- Parties provided page 103 at the hearing for insertion between pages 102 and 104
- Commission amended the agreement by inserting the missing page
- Agreement intended to replace the Department of Justice – Registered Nurses (ANF) Industrial Agreement 2018
Factors
For
- Agreement met the requirements of the Industrial Relations Act 1979 (WA)
- Both parties consented to registration
- Missing page was provided and corrected before registration
Against
Legislation referenced
- Industrial Relations Act 1979 (WA) s41
Concept tags · 5
Archived text (300 words)
DEPARTMENT OF JUSTICE - REGISTERED NURSES AND ENROLLED (MENTAL HEALTH) NURSES (ANF) INDUSTRIAL AGREEMENT 2020
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES Department of Justice
APPLICANT
-v-
Australian Nursing Federation, Industrial Union of Workers Perth
RESPONDENT
CORAM Commissioner T Emmanuel
DATE Wednesday, 8 June 2022
FILE NO AG 4 OF 2022
CITATION NO. 2022 WAIRC 00248
Result Agreement registered
Representation
Applicant Ms A Carter (as agent)
Respondent Ms R Botha (as agent)
Order
WHEREAS this is an application pursuant to section 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 identified that they had unintentionally omitted page 103 from the agreement;
AND WHEREAS at a hearing, the parties provided the Commission with a copy of page 103, to be inserted into the agreement between pages 102 and 104;
AND WHEREAS the Commission has amended the agreement by inserting page 103 in between pages 102 and 104;
AND HAVING heard from Ms A Carter (as agent) on behalf of the applicant and Ms R Botha (as agent) on behalf of the respondent at a hearing;
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 9 May 2022 entitled Department of Justice – Registered Nurses and Enrolled (Mental Health) Nurses (ANF) Industrial Agreement 2020 as amended by the Commission on 8 June 2022 and attached to this order be registered as an industrial agreement in replacement of the Department of Justice – Registered Nurses (ANF) Industrial Agreement 2018, which by operation of s 41(8) is cancelled.
Commissioner T Emmanuel