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

Annexure A

CaseChat Overview and Summary

Armest Pty Ltd, trading as Miles Witt Partnership, applied to the Fair Work Commission for approval of the Nanyima Aged Care Support Staff Enterprise Agreement 2020. The application was made in response to a request by the employees, who sought the Commission's approval of the agreement as a single, unified group of employees. The dispute centred on whether the agreement met the necessary requirements for approval under the Fair Work Act 2009 and the Fair Work Regulations 2009.

The key legal issues before the Commission were whether the proposed enterprise agreement was genuinely negotiated and whether it complied with the procedural and substantive requirements set out in the legislation. Specifically, the Commission needed to determine if the agreement had been fairly and genuinely negotiated between the employer and the employees, and if it met the criteria for approval, including provisions for pay rates, working conditions, and other employment terms.

The Commission found that the agreement was genuinely negotiated and met all necessary requirements for approval. It confirmed that the agreement had been negotiated in good faith and that all procedural requirements had been met. The Commission also found that the agreement provided fair and reasonable terms for the employees, and it did not contravene any provisions of the Fair Work Act or the Fair Work Regulations. As a result, the Commission approved the Nanyima Aged Care Support Staff Enterprise Agreement 2020.

The final orders of the Commission were that the Nanyima Aged Care Support Staff Enterprise Agreement 2020 be approved as a single, unified group of employees. The agreement was to be registered with the Fair Work Commission and would take effect from the date of registration. This decision provided certainty and stability to the employees and ensured that they would benefit from the agreed terms and conditions of employment.

Armest Pty Ltd T/A Miles Witt Partnership

DECISION

Annexure A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established