ENTERPRISE AGREEMENTS – varying agreement – s.217 Fair Work Act 2009 – application by Australian Nursing and Midwifery Federation to vary the GEO Care Australia Nurses (Victorian Prisons) Enterprise Agreement 2013 (the agreement) to remove an ambiguity relating to shiftwork and overtime – application opposed by respondent employer, Correct Care Australasia P/L – applicant submitted clauses 24 and 23.3 of agreement contain ambiguity – applications under s.217 involve two-step process, the first step in which is ascertaining whether there is an uncertainty or ambiguity – Commission not satisfied clause 24 ambiguous or uncertain – first part of clause defines shiftwork, and second part of clause sets out basis on which shifts can be worked – jurisdictional prerequisite not made out – Commission not satisfied clause 23.3 ambiguous or uncertain – overtime provisions clear – jurisdictional prerequisite not made out – application dismissed. Australian Nursing and Midwifery Federation v Correct Care Australasia P/L
