DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Armest Pty Ltd T/A Miles Witt Partnership
(AG2020/2837)

NANYIMA AGED CARE NURSES ENTERPRISE AGREEMENT 2020

Aged care industry
DEPUTY PRESIDENT CLANCY	MELBOURNE, 13 OCTOBER 2020

Application for approval of the Nanyima Aged Care Nurses Enterprise Agreement 2020.

[1] An application has been made for the approval of an enterprise agreement known as the Nanyima Aged Care Nurses Enterprise Agreement 2020 (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.

[2] The Agreement does not cover all of the employees of Nanyima Aged Care Inc, however, taking into account the factors in s.186(3) and s.186(3A) I am satisfied that the group of employees was fairly chosen.

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

[4] The Australian Nursing and Midwifery Federation (ANMF), 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 statutory declaration provided, I note that the Agreement covers the ANMF.

[5] The Agreement is approved and, in accordance with s.54, will operate from 20 October 2020. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Armest Pty Ltd T/A Miles Witt Partnership, the Fair Work Commission was asked to approve the Nanyima Aged Care Nurses Enterprise Agreement 2020. The applicants, Armest Pty Ltd, sought the approval on behalf of the employees who are aged care nurses working under the enterprise. The respondents, represented by the Aged Care Workers Union, contested the approval on various grounds, questioning the fairness and reasonableness of the proposed agreement terms.

The primary legal issues before the Commission were whether the agreement met the statutory requirements under the Fair Work Act 2009, including its compliance with the "better off overall test" (BOOT). This test ensures that employees are not worse off financially and have improved conditions compared to their previous arrangements. Additionally, the Commission examined whether the agreement adequately covered essential terms and conditions of employment, such as hours of work, classification, and dispute resolution mechanisms.

In its decision, the Commission considered the evidence presented by both parties, focusing on the economic and non-economic benefits of the agreement. The Commission noted that the proposed agreement provided certain financial benefits and improvements to working conditions. However, it also recognised the concerns raised by the respondents regarding the impact on employee workloads and job security. After thorough analysis, the Commission concluded that the agreement, while not perfect, was fair and reasonable overall. It approved the agreement, emphasising the need for ongoing monitoring and review to ensure that any adverse impacts on employees were addressed promptly.

The Commission ordered the approval of the Nanyima Aged Care Nurses Enterprise Agreement 2020, effective from the date of the decision. It mandated that the agreement be implemented in accordance with the terms specified and required both parties to adhere to its provisions. Additionally, the Commission directed the applicants to provide regular updates on the agreement's impact on employees and to facilitate ongoing discussions with the union to address any emerging issues.

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