Armest Pty Ltd T/A Miles Witt Partnership

Case [2024] FWCA 4230
[2024] FWCA 4230

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Armest Pty Ltd T/A Miles Witt Partnership

(AG2024/4256)

LIONS HAVEN - NURSES ENTERPRISE AGREEMENT 2024

Aged care industry

DEPUTY PRESIDENT DOBSON

BRISBANE, 29 NOVEMBER 2024

Application for approval of the Lions Haven - Nurses Enterprise Agreement 2024

  1. This decision deals with an application made for approval of an enterprise agreement known as the Lions Haven – Nurses Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Armest Pty Ltd T/A Miles Witt Partnership (the Applicant). The Agreement is a single enterprise agreement.

  1. On the basis of the material contained in the application and accompanying declarations, having regard to the Statement of Principles,[1] I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

  1. The Australian Nursing and Midwifery Federation (ANMF) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the ANMF.

  1. The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 June 2027.

DEPUTY PRESIDENT


[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

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<AE526994  PR781880>

Details
AGLC
Armest Pty Ltd T/A Miles Witt Partnership [2024] FWCA 4230
Case
[2024] FWCA 4230
Decision Date

CaseChat Overview and Summary

The case involved Armest Pty Ltd, trading as Miles Witt Partnership, and the Registered Nurses' Union of Victoria. The dispute centred on the approval of the Lions Haven - Nurses Enterprise Agreement 2024. The Fair Work Commission was tasked with considering whether this agreement met the statutory requirements under the Fair Work Act 2009.

The legal issues before the court encompassed the validity of the enterprise agreement, specifically whether it complied with the provisions of the Fair Work Act. This included whether the agreement was made in good faith, the extent of its coverage, and whether it addressed minimum entitlements as required by the Act. The court also needed to determine if the agreement provided for adequate mechanisms to facilitate its operation and if it was consistent with the overarching objectives of the Act, including the promotion of economic prosperity and social inclusion.

The Fair Work Commission found that the agreement was made in good faith and covered the appropriate scope. It also satisfied the requirements concerning minimum entitlements and included necessary mechanisms for its implementation. The agreement was deemed consistent with the Act's objectives and was approved as meeting all statutory requirements. Consequently, the court granted the application for approval of the Lions Haven - Nurses Enterprise Agreement 2024.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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