Miles Witt Partnership T/A Armest Pty Ltd

[2024] FWCA 2013

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Miles Witt Partnership T/A Armest Pty Ltd

(AG2024/1319)

HILL VIEW CARE NURSING STAFF ENTERPRISE AGREEMENT 2023

Aged care industry
COMMISSIONER DURHAM	BRISBANE, 31 MAY 2024

Application for approval of the Hill View Care Nursing Staff Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Hill View Care Nursing Staff Enterprise Agreement 2023 (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 T/A Armest Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

The Australian Nurses and Midwifery Federation - QNMU Branch (ANMF/QNMU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the ANMF/QNMU.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 June 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Miles Witt Partnership T/A Armest Pty Ltd sought approval of the Hill View Care Nursing Staff Enterprise Agreement 2023. The applicant is an employer of aged care workers, and the agreement in question is intended to govern the terms and conditions of employment for nursing staff. The legal issues before the Commission were primarily whether the agreement complied with the requirements of the Fair Work Act 2009 and provided for fair and reasonable terms and conditions for the employees. The Commission also considered whether the agreement appropriately balanced the interests of both the employer and the employees.

The Commission examined the agreement in detail, assessing whether it provided for minimum rates of pay, leave entitlements, and other benefits that were consistent with industry standards and fair work principles. The applicant argued that the agreement was necessary to ensure the sustainability of the business and to provide for the efficient operation of the aged care facility. The Commission gave due consideration to submissions from both the applicant and the union representatives, who had concerns about certain aspects of the agreement, particularly in relation to working conditions and the adequacy of the proposed remuneration. Ultimately, the Commission determined that the agreement, while not perfect, met the statutory requirements and provided for fair and reasonable terms and conditions for the employees.

After thorough deliberation, the Fair Work Commission approved the Hill View Care Nursing Staff Enterprise Agreement 2023. The Commission found that, notwithstanding some areas of concern, the agreement was a genuine attempt to balance the needs of the employer and the employees. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions that were consistent with the principles of the Fair Work Act. The final orders included the approval of the agreement, effective from a specified date, and a requirement for the parties to engage in further discussions to address any ongoing issues or concerns.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established