Armest Pty Ltd T/A Miles Witt Partnership
[2022] FWCA 423
•9 FEBRUARY 2022
| [2022] FWCA 423 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Armest Pty Ltd T/A Miles Witt Partnership
(AG2021/9331)
Glenella Care - Nurses Enterprise Agreement 2021
| Health and welfare services | |
| DEPUTY PRESIDENT ASBURY | BRISBANE, 9 FEBRUARY 2022 |
Application for approval of the Glenella Care - Nurses Enterprise Agreement 2021
Armest Pty Ltd T/A Miles Witt Partnership (the Applicant) applies to the Fair Work Commission (the Commission) for approval of an enterprise agreement known as the Glenella Care - Nurses Enterprise Agreement 2021 (the Agreement). The Employer to be covered by the Agreement is Annimaci Pty Ltd T/A Glenella Care. The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
I observe that clause 36 of the Agreement relating to Compassionate Leave may be inconsistent with the National Employment Standards (NES). I note clause 6 of the Agreement provides that the Agreement shall be read in conjunction with the NES and where there is inconsistency between this agreement and the NES, and the NES provides greater benefit, the NES provision will apply to the extent of the inconsistency. On this basis, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES. I also note that by virtue of s. 55 of the Act, an enterprise agreement must not exclude the NES or any provisions of the NES and s. 56 provides that a term of an enterprise agreement has no effect to the extent that it contravenes s. 55.
I am satisfied, based on the information set out in the Form F16 Application for approval of an enterprise agreement, the Form F17 Employer’s declaration in support of an application for approval of the Agreement and responses to requests for further information provided by the Applicant, that each of the requirements of ss. l86, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all the employees of the employer, however, taking into account s.186(3) and (3A), and on the basis of the information contained in the Form F17, I am satisfied that the group of employees covered by the Agreement was fairly chosen.
The Australian Nursing and Midwifery Federation being a bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.
The Agreement is approved in accordance with s.54 of the Act and will operate from 16 February 2022. The nominal expiry date of the Agreement is 30 June 2022.
DEPUTY PRESIDENT
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