ENTERPRISE AGREEMENTS – ambiguity or uncertainty – s.217 Fair Work Act 2009 – Aged Care Services Australia Group P/L (ACSAG) made application to remove ambiguity or uncertainty in Aged Care Services Australia Group P/L – Nurses and Aged Care Employees Enterprise Agreement 2014 (Agreement) in relation to coverage – ACSAG contend that current wording of Clause 5 is ambiguous and clause should be varied to define employees covered as being employees of ACSAG ’employed in Tasmania’ – the Australian Nursing and Midwifery Federation of Australia and the Health Services Union of Australia opposed the application – ACSAG submit that clause must be considered in light of surrounding circumstances such as other clause and pre-approval process – a combination of clauses may give rise to an ambiguity or uncertainty [Tenix] – clauses 27 and 38 of the Agreement clearly indicate application of Tasmanian statute – satisfied that employees to be covered by agreement was susceptible to more than one meaning and was therefore ambiguous – Agreement to be varied by inserting words ’employed in Tasmania’ at the end of subclause (b) of clause 5 – application granted and variation will operate from 2 March 2017. Aged Care Services Australia Group P/L – Nurses and Aged Care Employees Enterprise Agreement 2014
