Armest Pty Ltd T/A Miles Witt Partnership

[2023] FWCA 2628

[2023] FWCA 2628

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Armest Pty Ltd T/A Miles Witt Partnership

(AG2023/2642)

ST PAUL DE CHARTRES NURSES ENTERPRISE AGREEMENT 2022

Aged care industry
COMMISSIONER LIM	PERTH, 18 AUGUST 2023

Application for approval of the St Paul de Chartres Nurses Enterprise Agreement 2022

1. Armest Pty Ltd has made an application for the approval of an enterprise agreement known as the St Paul de Chartres Nurses Enterprise Agreement 2022 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act).  The Agreement is a single enterprise agreement.

1. The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (the Amending Act) made several changes to enterprise agreement approval processes in Part 2-4 of the Act, which commenced operation on 6 June 2023.

1. Under transitional arrangements, amendments made by Part 14 of Schedule 1 to the

Amending Act in relation to genuine agreement requirements for agreement approval applications apply where the notification time for the agreement was on or after 6 June 2023. The genuine agreement provisions in Part 2-4 of the Act, as it was before 6 June 2023, continue to apply in relation to agreement approval applications where the notification time for the agreement was before 6 June 2023. The notification time for the Agreement was 27 January 2023.

1. On the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187 and 188 of the Act as are relevant to this application for approval have been met.

1. The Queensland Nurses and Midwives’ Union (the QNMU), 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), and based on the declaration provided by the organisation, I note that the organisation is covered by the Agreement.

1. I note that clause 33.4 states that the Employer and the employees may, by agreement, substitute another day for a public holiday. This appears inconsistent with s.115(3) of the Act which provides that an employer and individual employee may agree on the substitution of a day or part-day of a public holiday. However, noting clause 6 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards (NES) will prevail where there is an inconsistency between the Agreement and the NES.

1. The Agreement was approved on 18 August 2023 and, in accordance with s 54, will operate from 25 August 2023. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

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