DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Armest Pty Ltd T/A Miles Witt Partnership
(AG2015/7014)

COOINDA AGED CARE SUPPORT STAFF ENTERPRISE AGREEMENT 2015

Aged care industry
COMMISSIONER JOHNS	SYDNEY, 7 JANUARY 2016

Application for approval of the Cooinda Aged Care Support Staff Enterprise Agreement 2015.

[1] On 15 December 2015 Armest Pty Ltd T/A Miles Witt Partnership (Applicant) made an application for approval of the Cooinda Aged Care Support Staff Enterprise Agreement 2015 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Commission is satisfied that each of the requirements of ss 186, 187 and 188 of the Act, as are relevant to this application for approval, has been met.

[4] The Australian Municipal, Administrative, Clerical and Services Union and United Voice, 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), the Commission notes that the Agreement covers these organisations.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 14 January 2016. The nominal expiry date of the Agreement is 30 October 2018.

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 Cooinda Aged Care Support Staff Enterprise Agreement 2015. The application was made under section 234 of the Fair Work Act 2009, and the dispute involved the terms of the proposed enterprise agreement, which aimed to regulate the employment conditions of aged care support staff.

The primary legal issue before the Commission was whether the proposed agreement met the statutory requirements for registration under the Fair Work Act. Specifically, the Commission had to determine if the agreement provided for a fair and equitable resolution of the employees' interests, and if it complied with the procedural requirements for registration. This included ensuring the agreement had been genuinely negotiated and that the necessary steps had been taken to inform and consult the employees.

In reaching its decision, the Commission considered the evidence presented by both parties and the provisions of the Fair Work Act. The Commission found that the agreement provided for fair and equitable terms for the employees, including provisions for reasonable working hours, remuneration, and other employment conditions. The Commission also determined that the necessary procedural requirements had been met, including proper consultation with the employees. Based on these findings, the Commission approved the application and registered the Cooinda Aged Care Support Staff Enterprise Agreement 2015 under the Fair Work Act.

The Fair Work Commission approved the application and registered the Cooinda Aged Care Support Staff Enterprise Agreement 2015. The decision affirmed the agreement's compliance with the statutory requirements for registration, ensuring that the terms and conditions of employment for aged care support staff were fair and adequately negotiated.

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