DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Miles Witt Partnership
(AG2015/353)

LIONS HAVEN RESIDENTIAL SUPPORT STAFF ENTERPRISE AGREEMENT 2015

Aged care industry
COMMISSIONER SIMPSON	BRISBANE, 6 MARCH 2015

Application for approval of the Lions Haven Residential Support Staff Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Lions Haven Residential Support Staff 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 matter involved the Miles Witt Partnership, an entity seeking to have the Lions Haven Residential Support Staff Enterprise Agreement 2015 approved. This agreement was intended to regulate the terms and conditions of employment for residential support staff at Lions Haven. The case was brought before the Fair Work Commission, which was tasked with determining whether the agreement met the necessary requirements under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement provided for fair and reasonable terms, and if it contained all the mandatory terms prescribed by the Fair Work Act. Additionally, the Commission needed to ensure that the agreement was not detrimental to employees and that it complied with the provisions of the Act, particularly concerning the process for the agreement's negotiation and its subsequent approval.

In making its decision, the Commission examined the contents of the agreement, the process by which it was negotiated, and the submissions made by both parties. The Commission found that the agreement was negotiated in good faith and that it contained all the mandatory terms required by the Act. Furthermore, the agreement was deemed fair and reasonable, taking into account the specific needs of the residential support staff at Lions Haven. The Commission concluded that the agreement did not contain any terms that would be detrimental to the employees and that it complied with the statutory requirements for approval.

Consequently, the Fair Work Commission approved the Lions Haven Residential Support Staff Enterprise Agreement 2015. This decision confirmed that the agreement met all the necessary criteria under the Fair Work Act, thereby allowing it to be implemented as the governing document for the employment conditions of the residential support staff at Lions Haven.

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