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austlii:cth/FWCA/2025/2759
General information, not legal advice.
FWCA
2025-08-25
Original judgment source is linked above.
s.185 - Enterprise agreement
Armest Pty Ltd Trading AS Miles Witt Partnership
CARINYA HOME FOR THE AGED, QNMU AND ANMF - NURSES AND DIRECT CARERS ENTERPRISE AGREEMENT 2025
Application for approval of the Carinya Home for the Aged, QNMU and ANMF - Nurses and Direct Carers Enterprise Agreement 2025
[1] An application has been made for approval of an enterprise agreement known as the Carinya Home for the Aged, QNMU and ANMF - Nurses and Direct Carers Enterprise Agreement 2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Armest Pty Ltd Trading AS Miles Witt Partnership (the Applicant). The Employer is Carinya Home for the Aged (the Employer). The Agreement is a single enterprise agreement.
[2] I note that there was a minor discrepancy between the title of the proposed agreement in the Notice of Employee Representational Rights (NERR) and the Agreement. I regard this as a minor technical error within the meaning of s.188(5). I am satisfied that the employees were not likely to have been disadvantaged by the error and that the error can therefore be disregarded under that section.
[3] Noting clause 6 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.
[4] The Employer 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.
[5] Subject to the undertakings referred to above, I am satisfied that each requirement of ss.186, 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.
[6] The Australian Nursing and Midwifery Federation (ANMF) 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.
[7] The Agreement is approved and will operate in accordance with s.54 of the Act.
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