Armest Pty Ltd T/A Miles Witt Partnership

[2020] FWCA 5508

[2020] FWCA 5508

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Armest Pty Ltd T/A Miles Witt Partnership
(AG2020/2834)

NANYIMA AGED CARE SUPPORT STAFF ENTERPRISE AGREEMENT 2020

Aged care industry
DEPUTY PRESIDENT CLANCY	MELBOURNE, 15 OCTOBER 2020

Application for approval of the Nanyima Aged Care Support Staff Enterprise Agreement 2020.

[1] An application has been made for the approval of an enterprise agreement known as the Nanyima Aged Care Support Staff Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] The Agreement does not cover all of the employees of Nanyima Aged Care Inc, however, taking into account the factors in s.186(3) and s.186(3A) I am satisfied that the group of employees was fairly chosen.

[3] Nanyima Aged Care Inc has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in a substantial change to the Agreement. The undertaking is taken to be a term of the Agreement.

[4] Subject to the undertaking referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[5] The Australian Workers’ Union (AWU) 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) and based on the statutory declaration provided, I note that the Agreement covers the AWU.

[6] The Agreement is approved and, in accordance with s.54, will operate from 22 October 2020. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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Annexure A