DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Armest Pty Ltd T/A Miles Witt Partnership
(AG2017/3943)

NAZARETH CARE (TAMWORTH) AND HSU ENTERPRISE AGREEMENT 2017

Aged care industry
COMMISSIONER WILSON	MELBOURNE, 5 DECEMBER 2017

Application for approval of the Nazareth Care (Tamworth) and HSU Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Nazareth Care (Tamworth) and HSU Enterprise Agreement 2017 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Health Services Union of Australia 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 December 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Armest Pty Ltd T/A Miles Witt Partnership applied to the Fair Work Commission for approval of the Nazareth Care (Tamworth) and HSU Enterprise Agreement 2017. The respondents, Health Services Union and Health Professionals and Support Services Union, opposed the application on the basis that the agreement did not meet the requirements of the Fair Work Act 2009. The central issue before the Commission was whether the agreement contained all the necessary minimum terms and conditions as outlined in the Fair Work Act. This included verifying whether the agreement appropriately covered the employees' remuneration and other conditions of employment, and if it had been fairly negotiated.

The Commission examined the content of the agreement, considering the principles of good faith bargaining and the need for the agreement to provide a safety net for employees. It assessed whether the terms and conditions were consistent with the statutory minimum standards and whether they were appropriate for the industry and the specific circumstances of the employees involved. The Commission also looked at whether the agreement allowed for a fair and equitable resolution of any disputes that might arise between the parties. After thorough consideration, the Commission determined that the agreement was appropriately negotiated and met all the statutory requirements.

In its decision, the Commission approved the agreement, finding that it provided for the necessary minimum terms and conditions and did not disadvantage any of the employees. The Commission was satisfied that the agreement was the result of genuine negotiations and provided a fair safety net for the employees. The approval was granted, and the agreement was registered under the Fair Work Act. The final orders confirmed the registration of the agreement and mandated its enforcement in accordance with the terms set out in 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