Armest Pty Ltd T/A Miles Witt Partnership

[2016] FWCA 8926

[2016] FWCA 8926 [Note: a correction has been issued to this document]

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Armest Pty Ltd T/A Miles Witt Partnership
(AG2016/6578)

MCKENZIE AGED CARE, ANMF AND HSU ENTERPRISE AGREEMENT 2016

Aged care industry
COMMISSIONER ROE	MELBOURNE, 13 DECEMBER 2016

Application for approval of the McKenzie Aged Care, ANMF and HSU Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the McKenzie Aged Care, ANMF and HSU 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Australian Nursing and Midwifery Federation and the Health Services Union of Australia 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 these organisations.

[5] The Agreement was approved on 13 December 2016 and, in accordance with s.54, will operate from 20 December 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code J, AE422654 PR588483>