DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Armest Pty Ltd T/A Miles Witt Partnership
(AG2018/1875)

NAZARETH CARE - WYNNUM SUPPORT STAFF ENTERPRISE AGREEMENT 2018

Aged care industry
COMMISSIONER JOHNS	SYDNEY, 24 AUGUST 2018

Application for approval of the Nazareth Care - Wynnum Support Staff Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Nazareth Care - Wynnum 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 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 August 2018. The nominal expiry date of the Agreement is 28 February 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Armest Pty Ltd, trading as Miles Witt Partnership, sought approval of the Nazareth Care - Wynnum Support Staff Enterprise Agreement 2018. The dispute arose from a disagreement over the application of the Fair Work Act 2009 (Cth) and the Fair Work Regulations 2009 (Cth) in relation to the proposed agreement. The matter was heard in the Fair Work Commission.

The central legal issues before the Commission were whether the proposed agreement complied with the statutory requirements and if the bargaining process was fair. Specifically, the Commission needed to determine whether the agreement met the criteria for approval under section 232 of the Fair Work Act, including whether it provided for the fair and reasonable terms and conditions of employment for the employees covered by the agreement. Additionally, the Commission had to consider whether the agreement was made in good faith and whether it was the product of representational and bargaining processes that were fair.

The Commission found that the proposed agreement met the statutory requirements for approval. The agreement provided for fair and reasonable terms and conditions of employment, including provisions for wages, hours of work, leave entitlements, and other employment conditions. The Commission also determined that the agreement was the product of a fair bargaining process and was made in good faith. The Commission noted that the agreement had been negotiated between the employer and the relevant union representatives, who had acted in accordance with their obligations under the Fair Work Act. The Commission approved the proposed agreement, subject to certain modifications to address minor technical issues.

The Fair Work Commission approved the Nazareth Care - Wynnum Support Staff Enterprise Agreement 2018, subject to minor modifications. The approval was based on the finding that the agreement met the statutory requirements for approval and was the product of a fair bargaining process. The modifications required by the Commission related to technical issues that did not affect the overall fairness of the agreement.

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