DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Armest Pty Ltd T/A Miles Witt Partnership
(AG2020/2573)

MERCY COMMUNITY SERVICES NORTH QUEENSLAND - NURSES ENTERPRISE AGREEMENT 2019

Health and welfare services
COMMISSIONER BOOTH	BRISBANE, 1 OCTOBER 2020

Application for approval of the Mercy Community Services North Queensland - Nurses Enterprise Agreement 2019.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) by Armrest Pty Ltd T/A Miles Witt Partnership (the Applicant) for approval of the Mercy Community Services North Queensland - Nurses Enterprise Agreement 2019 (the Agreement). The Agreement is a single enterprise agreement.

[2] Correspondence was sent to the Applicant on 14 September 2020, raising certain concerns in relation to the Agreement and seeking responses and undertakings from the Applicant. The Applicant filed responses addressing the concerns raised on 23 September 2020. The employee bargaining representatives were provided with copies of the responses.

[3] The matter was listed for eHearing on 29 September 2020. Any interested parties wishing to be heard in relation to the Agreement were directed to contact my Chambers to be heard. No parties contacted my Chambers.

[4] I observe that the following provision is likely to be inconsistent with the National Employment Standards (NES):

• Clause 31.1(a) - Shiftworker

[5] However, noting clause 6 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.

[6] In reviewing the Agreement, typographical errors were identified in the numbering of certain clauses in the Agreement. The Applicant has provided amended pages of the Agreement correcting these errors. I consider it appropriate to exercise my discretion under s.602 of the Act to correct these typographical errors in the Agreement.

[7] Subject to the matters raised at paragraphs [2] – [6], 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 had been met.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 October 2020. The nominal expiry date is 30 November 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Armest Pty Ltd T/A Miles Witt Partnership recently approached the Fair Work Commission seeking approval for the Mercy Community Services North Queensland - Nurses Enterprise Agreement 2019. The application was brought about by an impasse in negotiations between the employer and the union representing the nurses. The legal issues before the Commission were whether the agreement met the statutory requirements under the Fair Work Act 2009 and whether it could be considered as meeting the 'better off overall test' for the employees.

The Commission considered the provisions of the agreement in light of the statutory requirements, including the need for the agreement to facilitate the improvement of workplace relations, ensure procedural fairness, and provide for the employees' rights and entitlements. The Commission examined the 'better off overall test', which required a comparison of the benefits and detriments of the agreement against the applicable award and any relevant general award or registered agreement. The analysis included a detailed examination of the wages, conditions, and other provisions within the agreement.

Upon reviewing the agreement, the Commission found that it did meet the statutory requirements and adequately facilitated improved workplace relations. The agreement was deemed to be procedurally fair, and the benefits provided to the employees under the agreement outweighed the detriments, satisfying the 'better off overall test'. Consequently, the Commission approved the agreement, recognising its positive impact on the employees and the workplace.

As a result of the approval, the Mercy Community Services North Queensland - Nurses Enterprise Agreement 2019 was accepted and will now be in effect, governing the employment conditions of the nurses within the organisation.

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