Armest Pty Ltd trading as Miles Witt Partnership

BERLASCO NURSES AND DIRECT CARERS ENTERPRISE AGREEMENT 2025

Application for approval of the Berlasco Nurses and Direct Carers Enterprise Agreement 2025

[1] Armest Pty Ltd trading as Miles Witt Partnership ("the Applicant"), as bargaining representative for The Ethnic Communities Council of Queensland Limited t/a Berlasco ("the Employer") has applied for approval of an enterprise agreement known as Berlasco Nurses and Direct Carers 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[2] The Notice of Employee Representational Rights appears to have been given in an outdated version of the prescribed form. For the purposes of subsection 188(5) I am satisfied that this was a minor technical error and not likely to disadvantage any employees in the circumstances.

[3] The Agreement does not contain a delegates' rights term that meets the requirements of section 205A of the Fair Work Act. Pursuant to that section, each of clause 28A of the Nurses Award 2020 and cl 7A of the Aged Care Award 2010 is taken to be a term of the Agreement.

[4] Noting clause 6 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.

[5] 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.

[6] With the undertakings 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.

[7] The Australian Nursing and Midwifery Federation (ANMF) lodged a declaration in the prescribed form[1] giving notice under s.183 of the Fair Work Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Fair Work Act, I note the Agreement covers the ANMF.

[8] 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 31 December 2028.

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