Miles Witt Partnership Summary

[2013] FWCA 6534

FAIR WORK COMMISSION

DECISION

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

Miles Witt Partnership
(AG2013/2606)

NORTHVIEW AGED CARE SUPPORT STAFF ENTERPRISE AGREEMENT 2013

Aged care industry
COMMISSIONER SIMPSON	BRISBANE, 4 SEPTEMBER 2013

Application for approval of the Northview Aged Care Support Staff Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Northview Aged Care Support Staff 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 PTY LTD who was represented by 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 Agreement is approved. In accordance with s.54(1) it will operate from 11 September 2013. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, Miles Witt Partnership, sought approval of the Northview Aged Care Support Staff Enterprise Agreement 2013 under section 234 of the Fair Work Act 2009. The applicant submitted that the agreement met the requirements of the Act, including that it had been fairly negotiated and that it provided for a safety net of minimum wages and conditions. The application was opposed by the Australian Council of Trade Unions, which argued that the agreement did not meet the requirements of the Act, including that it did not provide for adequate minimum wages and conditions. The court was required to determine whether the agreement met the requirements of the Act and whether it should be approved. The court found that the agreement did meet the requirements of the Act and that it should be approved. The court found that the agreement had been fairly negotiated and that it provided for a safety net of minimum wages and conditions that were no less favourable than the applicable awards or the general industrial awards. The court also found that the agreement contained provisions that were more favourable than the applicable awards or the general industrial awards, and that these provisions were not inconsistent with the requirements of the Act. The applicant's application was therefore granted and the agreement was approved.

Miles Witt Partnership

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established