Armest Pty Ltd T/A Miles Witt Partnership

[2019] FWCA 4080

[2019] FWCA 4080

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
(AG2019/1209)

COOINDA AGED CARE SUPPORT STAFF ENTERPRISE AGREEMENT 2019

Aged care industry
COMMISSIONER SPENCER	BRISBANE, 13 JUNE 2019

Application for approval of the Cooinda Aged Care Support Staff Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Cooinda Aged Care Support Staff Enterprise Agreement 2019 (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 Applicant). The Agreement is a single enterprise agreement.

[2] The Agreement lodged with the application contained an error at clause 14.3(a)(ii). On 11 June 2019, the Applicant filed an amended page of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that is it appropriate to do so pursuant to s.586 of the Act. Amendment in this way is supported by the Applicant’s F17 and the F18 filed by the Australian, Municipal, Administrative and Clerical Services Union, Queensland Together Branch.

[3] I note that the Employer’s statutory declaration in support of the application for approval of an enterprise agreement (F17) at Q2.2 and through the annexure to Q3.6 indicates that the Agreement covers only non-nursing staff and therefore no employee covered by this Agreement will be required to undertake a sleepover. As such, the absence of the sleepover allowance provided for in the relevant Award does not present a barrier to the approval of this Agreement on the grounds that it does not pass the Better Off Overall Test.

[4] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement.

[6] United Voice, 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) I note that the Agreement covers the organisation.

[7] The Australian, Municipal, Administrative and Clerical Services Union, Queensland Together Branch, 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) I note that the Agreement covers the organisation.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 June 2019. The nominal expiry date of the Agreement is 31 October 2021.

COMMISSIONER

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