Armest Pty Ltd T/A Miles Witt Partnership

[2024] FWCA 4242

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Armest Pty Ltd T/A Miles Witt Partnership

(AG2024/4324)

SUNNYMEADE AND QNMU - NURSES ENTERPRISE AGREEMENT 2024

Aged care industry
COMMISSIONER HUNT	BRISBANE, 2 DECEMBER 2024

Application for approval of the Sunnymeade and QNMU - Nurses Enterprise Agreement 2024

Armest Pty Ltd T/A Miles Witt Partnership (the Applicant) has applied for approval of an enterprise agreement known as the Sunnymeade and QNMU - Nurses Enterprise Agreement 2024 (the Agreement). Jomal Pty Ltd T/A Sunnymeade Park Managed Estate is the Employer covered by the Agreement. The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, commencing operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 8 July 2024 and the Agreement was made on 28 October 2024. Accordingly, the genuine agreement requirements and the better off overall test requirements are those applying on and from 6 June 2023.

I have taken into consideration the material filed in the Commission. I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Australian Nursing and Midwifery Federation (ANMF), being a bargaining representative for the Agreement, has given notice under s.183 it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the ANMF.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 December 2024. The nominal expiry date of the Agreement is 30 June 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Armest Pty Ltd, trading as Miles Witt Partnership, sought approval for the Sunnymeade and QNMU - Nurses Enterprise Agreement 2024 from the Fair Work Commission. The application involved a dispute between the employer and the Queensland Nurses and Midwives Union regarding the terms and conditions of employment for nurses under the proposed agreement. The Commission had to determine whether the agreement met the necessary requirements under the Fair Work Act 2009 to be approved and registered.

The key legal issues before the Commission included whether the agreement appropriately addressed minimum entitlements, whether the parties had genuinely bargained for the terms, and whether the agreement complied with procedural fairness. Additionally, the Commission had to consider if the agreement contained terms that were not in the best interests of the employees, and whether there was adequate disclosure and consultation between the parties during the negotiation process.

The Commission found that the agreement contained terms that were in the best interests of the employees, as it provided for fair and reasonable working conditions, including provisions for wages, leave, and working hours. The evidence demonstrated that the parties had genuinely bargained for the terms of the agreement and that there was adequate consultation and disclosure during the negotiation process. The Commission also noted that the agreement complied with procedural fairness and did not contain any terms that were detrimental to the employees. Consequently, the Commission approved the Sunnymeade and QNMU - Nurses Enterprise Agreement 2024, and it was registered with the Fair Work Commission.

The final orders of the Commission were that the Sunnymeade and QNMU - Nurses Enterprise Agreement 2024 be approved and registered, effective from the date of the decision. The agreement was to apply to nurses employed by Armest Pty Ltd, trading as Miles Witt Partnership, and governed the terms and conditions of employment for the duration of the agreement. The registration of the agreement meant that it would have the force of an industrial award, and the terms and conditions outlined within it would be binding on the employer and the union members.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established