DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Miles Witt Partnership
(AG2015/352)

LIONS HAVEN - NURSES ENTERPRISE AGREEMENT 2015

Aged care industry
COMMISSIONER SIMPSON	BRISBANE, 6 MARCH 2015

Application for approval of the Lions Haven - Nurses Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Lions Haven - Nurses Enterprise Agreement 2015 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made 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 Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of the Lions Haven – Nurses Enterprise Agreement 2015, brought before the Fair Work Commission by the Miles Witt Partnership on behalf of the employers and the Australian Nursing and Midwifery Federation (Queensland Branch) representing the employees. The dispute centred on the terms and conditions of employment for nurses working within the Lions Haven facility.

The legal issues before the Commission were primarily concerned with whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement met the criteria for being a "single interest" employer agreement, as well as whether the agreement's terms and conditions were fair and reasonable. This included an assessment of whether the agreement unfairly disadvantaged any employees and if it provided adequate protections and entitlements.

The Commission found that the proposed agreement was a genuine single interest employer agreement and did not unfairly disadvantage any employees. The agreement was deemed to be fair and reasonable, providing adequate protections and entitlements to the nurses. The Commission approved the agreement, acknowledging the efforts of both parties in reaching a fair and balanced outcome that met the legislative requirements. The final orders included the formal approval of the Lions Haven – Nurses Enterprise Agreement 2015, subject to the conditions and provisions detailed within the agreement.

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