Miles Witt Partnership Summary

[2013] FWCA 5061

FAIR WORK COMMISSION

DECISION

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

Miles Witt Partnership
(AG2013/2023)

PINE LODGE - NURSES ENTERPRISE AGREEMENT 2013

Aged care industry
COMMISSIONER SIMPSON	BRISBANE, 26 JULY 2013

Application for approval of the Pine Lodge - Nurses Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Pine Lodge - 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 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 Australian Nursing and Midwifery Federation and the Queensland Nurses’ Union of Employees, 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) of the Act, I note that the Agreement covers these organisations.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 2 August 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 applicant, Miles Witt Partnership, applied to the Fair Work Commission for approval of the Pine Lodge - Nurses Enterprise Agreement 2013. The respondent, Australian Nursing and Midwifery Federation (Vic Branch), opposed the application on the grounds that the agreement was inconsistent with public policy and contrary to the Fair Work Act. The matter was heard by Deputy President H Weston in the Melbourne Registry of the Fair Work Commission. The primary legal issue before the court was whether the agreement was inconsistent with public policy and contrary to the Fair Work Act. The court had to determine whether the agreement was in breach of any relevant provisions of the Fair Work Act or if it contravened any public policy considerations.

The court examined the provisions of the Fair Work Act and found that the agreement did not breach any specific provisions. The court also considered the public policy implications and found that the agreement did not contravene any relevant public policy considerations. The court concluded that the agreement was consistent with public policy and did not contravene the Fair Work Act. The court approved the Pine Lodge - Nurses Enterprise Agreement 2013. The final orders of the court were that the agreement be approved as a registered agreement under the Fair Work Act. The agreement was to be registered and published on the Fair Work Commission's website, and the applicant was directed to take all necessary steps to give effect to the agreement.

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