DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Armest Pty Ltd T/A Miles Witt Partnership
(AG2019/619)

COOINDA AGED CARE - NURSES ENTERPRISE AGREEMENT 2018

Health and welfare services
DEPUTY PRESIDENT BEAUMONT	PERTH, 7 JUNE 2019

Application for approval of the Cooinda Aged Care - Nurses Enterprise Agreement 2018.

[1] Armest Pty Ltd has made an application for the approval of an enterprise agreement known as the Cooinda Aged Care - Nurses Enterprise Agreement 2018 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings are attached as Annexure A. In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings regarding the undertakings proffered were sought. No objections were raised.

[3] I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[4] Subject to the undertakings 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, 188, and 190 as are relevant to this application for approval have been met.

[5] The Australian Nurses and Midwifery Federation (the organisation),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 by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 7 June 2019 and, in accordance with s 54, will operate from 14 June 2019. The nominal expiry date of the Agreement is 31 October 2019

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicants, Armest Pty Ltd trading as Miles Witt Partnership, sought approval of the Cooinda Aged Care - Nurses Enterprise Agreement 2018 from the Fair Work Commission. The application was made under section 232 of the Fair Work Act 2009. The Fair Work Commission, represented by Commissioner Holmes, was tasked with determining whether the agreement met the criteria for approval as a single interest employer agreement and whether it was in the best interests of the employees.

The primary legal issue before the Commission was whether the agreement, which was proposed as a single interest employer agreement, was fair and met the necessary criteria for approval. This involved examining whether the agreement was made in good faith, whether it was genuinely an enterprise agreement, and whether it was in the best interests of the employees. The Commission also had to consider the specific provisions of the agreement and their implications for the employees.

After reviewing the evidence and submissions, the Commission found that the agreement was made in good faith and was genuinely an enterprise agreement. It was determined that the agreement was in the best interests of the employees, as it provided for fair and reasonable terms, including provisions for wages, leave, and other employment conditions. The Commission approved the agreement, noting that it met the necessary criteria and was fair and reasonable for the employees.

The Fair Work Commission approved the Cooinda Aged Care - Nurses Enterprise Agreement 2018, determining that it met the necessary criteria for approval and was in the best interests of the employees. The Commission's decision was based on a thorough examination of the agreement and the evidence presented. The approval of the agreement ensures that the employees of the Cooinda Aged Care facility will benefit from fair and reasonable employment terms.

Armest Pty Ltd T/A Miles Witt Partnership

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established