Armest Pty Ltd T/A Miles Witt Partnership Summary

[2023] FWCA 1747

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Armest Pty Ltd T/A Miles Witt Partnership

(AG2023/1734)

FOREST VIEW CHILDERS - NURSES ENTERPRISE AGREEMENT 2023

Aged care industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 16 JUNE 2023

Application for approval of the Forest View Childers - Nurses Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Forest View Childers - Nurses Enterprise Agreement 2023 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of sections 186, 187 and 188 of the Act 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 section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 23 June 2023. The nominal expiry date of the Agreement is 30 June 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Armest Pty Ltd, trading as the Miles Witt Partnership, has applied to the Fair Work Commission for approval of the Forest View Childers - Nurses Enterprise Agreement 2023. The application seeks to formalise the terms and conditions of employment for nurses employed at the Forest View Childers facility. The legal issues before the Commission involved whether the agreement provided for the minimum entitlements as prescribed under the Fair Work Act 2009 and whether it complied with the relevant provisions of the Fair Work Regulations 2009.

The Commission examined the proposed agreement in detail, considering whether it met the statutory requirements for minimum entitlements such as maximum weekly hours, penalty rates, leave provisions, and other standard terms and conditions of employment. The analysis included a review of whether the agreement appropriately balanced the interests of both the employer and the employees, ensuring fairness and compliance with the legislative framework. The Commission also assessed whether the agreement adhered to procedural fairness by ensuring that the employees had adequate opportunity to express their views on the proposed terms.

Upon reviewing the evidence and submissions, the Commission determined that the proposed agreement met all the statutory requirements and provided for the minimum entitlements. It was found that the agreement was fair and balanced, taking into account the interests of both parties. The Commission approved the agreement, noting that it complied with all relevant legislative provisions and provided for fair and reasonable terms of employment. The decision confirmed the agreement as a valid and enforceable enterprise agreement under the Fair Work Act 2009.

Armest Pty Ltd T/A Miles Witt Partnership

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established