Armest Pty Ltd trading as Miles Witt Partnership

BOWEN OLD PEOPLE'S HOME SOCIETY ENTERPRISE AGREEMENT 2025

Application for approval of the Bowen Old People's Home Society Enterprise Agreement 2025

[1] Armest Pty Ltd ("the Applicant"), in its capacity as bargaining representative for Bowen Old People's Home Society Limited trading as Murroona Gardens ("the Employer"), has applied for approval of an enterprise agreement known as Bowen Old People's Home Society Enterprise Agreement 2025 ("the Agreement"). The Application was made under section 185 of the Fair Work Act 2009 ("the Fair Work Act"). The Agreement is a single enterprise agreement.

[2] Noting clause 7 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards ("NES") in the Fair Work Act will prevail where there is an inconsistency between the Agreement and the NES.

[3] The Employer has given written undertakings in accordance with section 190 of the Fair Work Act. The undertakings are attached as Annexure A to this decision. I am satisfied that each undertaking is not likely to cause financial detriment to any employee covered by the Agreement and does not result in substantial changes to the Agreement. Each undertaking is taken to be a term of the Agreement.

[4] With the undertaking now given, and after having regard to the Statement of Principles on Genuine Agreement as well as the application and declarations filed in this matter, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Fair Work Act, as are relevant to this application for approval, have been met.

[5] Each of the following organisations, being a bargaining representative for the agreement, has given notice under section 183 of the Fair Work Act that it wants to be covered by the Agreement:

• Australian Municipal, Administrative, Clerical and Services Union (ASU);

• Australian Nursing and Midwifery Federation (ANMF); and

• Australian Workers' Union, The (AWU)

[6] In accordance with subsection 201(2) of the Fair Work Act, and relying on the organisations' declarations, I note that the Agreement covers each of those organisations.

[7] The Agreement is approved and will operate in accordance with section 54 of the Fair Work Act. The nominal expiry date of the Agreement is 30 June 2028.

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