Armest Pty Ltd T/A Miles Witt Partnership
[2023] FWCA 2439
•4 AUGUST 2023
| [2023] FWCA 2439 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Armest Pty Ltd T/A Miles Witt Partnership
(AG2023/2546)
APPLICATION FOR APPROVAL OF THE FRANCIS OF ASSISI - NURSES ENTERPRISE AGREEMENT 2023
| Aged care industry | |
| COMMISSIONER JOHNS | MELBOURNE, 4 AUGUST 2023 |
Application for approval of the Francis of Assisi - Nurses Enterprise Agreement 2023
An application has been made for approval of an enterprise agreement known as the FRANCIS OF ASSISI - NURSES ENTERPRISE AGREEMENT 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Armest Pty Ltd T/A Miles Witt Partnership. The Agreement is a single enterprise agreement.
An assessment of the Agreement has identified a clause that may be inconsistent with the National Employment Standards (NES). In particular, the term relating to:
a)Clause 33.5: Public Holiday – Substitution by majority.
Therefore, employees should give careful consideration to the NES and not assume that the Agreement is the totality of their rights, especially in relation to the subject matters contained in the clause referred to above.
Noting the NES precedence clause (clause 6), to the extent that any clause in the Agreement is inconsistent with the NES, it is not an impediment to the approval of the Agreement.
I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.
The Australian Nursing and Midwifery Federation being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 August 2023. The nominal expiry date of the Agreement is 30 June 2025.
COMMISSIONER
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