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austlii:cth/FWCA/2026/588
General information, not legal advice.
FWCA
2026-03-09
Original judgment source is linked above.
s.185 - Application for approval of a single-enterprise agreement
Armest Pty Ltd Trading AS Miles Witt Partnership
ST PAUL DE CHARTRES NURSES AND DIRECT CARERS ENTERPRISE AGREEMENT 2025
Application for approval of the St Paul de Chartres Nurses and Direct Carers Enterprise Agreement 2025
[1] An application has been made for approval of an enterprise agreement known as the St Paul de Chartres 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 (the Applicant). The Agreement is a single enterprise agreement.
[2] I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.
[3] 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.
[4] I note the undertakings were provided in relation to the following:
Clause 33.4 - Public Holidays
Direct Carer Level 3 classification under the Agreement will be recognised as equivalent to Aged Care Employee - Direct Carer Level 6 classification under the Aged Care Award 2010
[5] 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.
[6] The Agreement does not contain a delegates' rights term compliant with the Act. Pursuant to s.205A(2) of the Act, the workplace delegates' rights term prescribed by the Nurses Award 2020 and the Aged Care Award 2010 are taken to be a term of the Agreement.
[7] 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.
[8] 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 2028.
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