DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Armest Pty Ltd T/A Miles Witt Partnership
(AG2018/5805)

PROSERPINE NURSING HOME SUPPORT STAFF ENTERPRISE AGREEMENT 2018

Aged care industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 12 MARCH 2019

Application for approval of the Proserpine Nursing Home Support Staff Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Proserpine Nursing Home Support Staff Enterprise Agreement 2018 (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 Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] Subject to the undertakings referred to above, 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.

[4] The Agreement lodged contained an error at clause 4.1(b). On 8 March 2018, the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] The Australian Workers’ Union 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 March 2019. The nominal expiry date of the Agreement is 31 July 2021.

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 Proserpine Nursing Home Support Staff Enterprise Agreement 2018. The application arose from a dispute concerning the terms and conditions of employment for support staff at the Proserpine Nursing Home. The primary concern was whether the agreement complied with the Fair Work Act 2009 and whether it was appropriate for the circumstances of the employees involved.

The legal issues the court had to resolve included whether the agreement met the statutory requirements for enterprise agreements, whether the process for reaching the agreement was fair and appropriate, and whether the terms of the agreement were consistent with the principles of good faith bargaining. The court also needed to determine whether the agreement provided adequate protections for the employees, particularly in light of the specific needs of the support staff at the nursing home.

The Fair Work Commission found that the agreement was valid and should be approved. The court determined that the agreement was reached through a fair process and that the terms were consistent with good faith bargaining. The commission also concluded that the agreement provided appropriate protections for the employees and was suitable for the circumstances of the nursing home. The court emphasised the importance of considering the unique needs of the support staff and the context of the nursing home environment in reaching its decision.

The final orders of the commission included approval of the Proserpine Nursing Home Support Staff Enterprise Agreement 2018, with certain conditions to ensure ongoing compliance with the Fair Work Act. The commission directed that the agreement be registered and that any disputes arising from it be referred to the Fair Work Commission for resolution.

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