Miles Witt Partnership

[2013] FWCA 6538

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Miles Witt Partnership
(AG2013/2652)

NORTHVIEW AGED CARE - NURSES ENTERPRISE AGREEMENT 2013

Health and welfare services
COMMISSIONER SIMPSON	BRISBANE, 5 SEPTEMBER 2013

Application for approval of the Northview Aged Care - Nurses Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Northview Aged Care - Nurses Enterprise Agreement 2013 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by ANNIMACI who was represented by Miles Witt Partnership. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australian Nursing and Midwifey Federation and the Queensland Nurses’ Union of Employees, being bargaining representatives for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note that the Agreement covers these organisation.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 12 September 2013. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved an application by the Miles Witt Partnership to approve the Northview Aged Care - Nurses Enterprise Agreement 2013. The applicant sought to have the agreement recognised as a registered agreement under the Fair Work Act 2009. The respondents, including the Health Services Union of Australia and various aged care facilities, opposed the application on various grounds, primarily arguing that the agreement did not comply with certain requirements of the Fair Work Act.

The key legal issues the court had to determine included whether the agreement was a "genuine agreement" within the meaning of the Fair Work Act, and whether it complied with the procedural requirements for registration. Specifically, the court had to consider whether the agreement had been properly negotiated, whether it contained the required terms and conditions, and whether the necessary thresholds for employee support had been met.

The court found that the agreement was a genuine agreement that had been properly negotiated and contained all the required terms and conditions. The court also determined that the procedural requirements for registration had been satisfied, including the threshold for employee support. The court concluded that the agreement met the necessary criteria for approval and registration under the Fair Work Act. As a result, the court approved the Northview Aged Care - Nurses Enterprise Agreement 2013, allowing it to be registered and enforceable as a binding agreement between the parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established