DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Armest Pty Ltd T/A Miles Witt Partnership
(AG2017/639)

HILL VIEW AGED CARE NURSING STAFF ENTERPRISE AGREEMENT 2016

Aged care industry
COMMISSIONER GREGORY	MELBOURNE, 7 MARCH 2017

Application for approval of the Hill View Aged Care Nursing Staff Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Hill View Aged Care Nursing Staff Enterprise Agreement 2016 (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 Australian Nursing and Midwifery Federation and the Queensland Nurses’ Union of Employees being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 March 2017. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Armest Pty Ltd, trading as Miles Witt Partnership, applied to the Fair Work Commission for the approval of the Hill View Aged Care Nursing Staff Enterprise Agreement 2016. The application was made by the employer, who sought to finalise the terms and conditions of employment for nursing staff at the Hill View Aged Care facility. The dispute centred around the specifics of the enterprise agreement and whether it met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issues before the Commission involved whether the agreement satisfied the procedural requirements for approval, including the need for genuine bargaining and the provisions being in writing. Additionally, the Commission had to determine if the agreement complied with the Fair Work Act’s provisions on minimum entitlements and if it was consistent with the broader industrial relations framework.

The Fair Work Commission found that the employer had engaged in genuine bargaining processes with the employees' representatives. The agreement was deemed to be in writing and contained all necessary terms and conditions. The Commission concluded that the agreement provided for appropriate minimum entitlements for nursing staff and complied with the relevant provisions of the Fair Work Act. The agreement was subsequently approved, ensuring that it would be legally binding for the nursing staff at Hill View Aged Care.

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