[2017] FWCA 6084

DECISION

Fair Work Act 2009
s.185—Enterprise agreement
Miles Witt Partnership T/A Armest Pty Ltd

(AG2017/3424)

NANYIMA AGED CARE SUPPORT STAFF ENTERPRISE AGREEMENT 2017

Aged care industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 17 NOVEMBER 2017

Application for approval of the Nanyima Aged Care Support Staff Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Nanyima Aged Care Support Staff Enterprise Agreement 2017 (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 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4]
The Agreement was approved on 17 November 2017 and, in accordance with s.54, will operate from 24 November 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Miles Witt Partnership T/A Armest Pty Ltd, an applicant, sought approval for the Nanyima Aged Care Support Staff Enterprise Agreement 2017. The matter was heard in the Fair Work Commission, where the applicant sought to finalise and approve the agreement under the Fair Work Act 2009. The primary issue before the Commission was to determine whether the agreement met the procedural and substantive requirements for approval as set out in the legislation. Specifically, the court needed to examine whether the agreement was made in good faith and whether it contained the necessary minimum terms and conditions for a valid enterprise agreement.

The Fair Work Commission examined the application by assessing whether the agreement was made in accordance with the relevant statutory provisions. The Commission considered the process followed in the making of the agreement, including whether the applicant had appropriately engaged with the employees and whether there was sufficient evidence of genuine bargaining. Additionally, the Commission evaluated the substantive terms of the agreement to ensure they complied with the mandatory minimum terms outlined in the Fair Work Act. The applicant's submission argued that the agreement was made in good faith and contained all the necessary provisions required by the Act. The Commission found that the agreement was procedurally sound and substantively compliant with the statutory requirements.

Upon review, the Fair Work Commission determined that the Nanyima Aged Care Support Staff Enterprise Agreement 2017 was appropriately made and contained the necessary minimum terms and conditions. The Commission approved the agreement, confirming that it met the statutory criteria for approval under the Fair Work Act. The applicant's application was successful, and the agreement was approved as valid and binding.

The final orders of the Fair Work Commission included the approval of the Nanyima Aged Care Support Staff Enterprise Agreement 2017, effective from the date of the decision. The agreement was to be registered and applied as a certified agreement under the Fair Work Act, ensuring compliance with the terms and conditions outlined within the document.

Miles Witt Partnership T/A Armest Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established