DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Armest Pty Ltd T/A Miles Witt Partnership
(AG2020/3453)

NAZARETH CARE (TAMWORTH) NURSES ENTERPRISE AGREEMENT 2020

Health and welfare services
COMMISSIONER YILMAZ	MELBOURNE, 14 DECEMBER 2020

Application for approval of the Nazareth Care (Tamworth) Nurses Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Nazareth Care (Tamworth) Nurses Enterprise Agreement 2020 (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 T/A Miles Witt Partnership. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement lodged contained referencing errors at clause 21.1 and clause 28.1(c). On 9 December 2020, the Applicant filed amended pages of the Agreement correcting these errors. I am satisfied that the corrections should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[4] I observe that clause 3 of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 6.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Australian Nursing and Midwifery Federation 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) I note that the Agreement covers the organisation.

[6] The Agreement is approved and in accordance with s.54, will operate from 21 December 2020. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Armest Pty Ltd T/A Miles Witt Partnership applied for approval of the Nazareth Care (Tamworth) Nurses Enterprise Agreement 2020. The application was made to the Fair Work Commission, which is tasked with approving enterprise agreements that meet certain criteria under the Fair Work Act 2009. The agreement in question was between Armest Pty Ltd, trading as Miles Witt Partnership, and various nurses who were employed at Nazareth Care (Tamworth).

The primary legal issues before the Commission were whether the agreement complied with the procedural and substantive requirements of the Fair Work Act. Procedurally, the agreement needed to have been made in good faith and without coercion. Substantively, it had to cover certain minimum terms and conditions, and not disadvantage employees in a way that was not in their best interests. The Commission also needed to be satisfied that the agreement was made for the purpose of establishing the terms and conditions of employment, and not for any other purpose.

In considering these issues, the Commission found that the agreement had been made in good faith and without coercion. It covered all the minimum terms and conditions as required by the Fair Work Act, and did not disadvantage employees in a way that was not in their best interests. The Commission was satisfied that the agreement was made for the purpose of establishing the terms and conditions of employment, and not for any other purpose. Accordingly, the Commission approved the Nazareth Care (Tamworth) Nurses Enterprise Agreement 2020.

Armest Pty Ltd T/A Miles Witt Partnership

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established