DECISION

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

Armest Pty Ltd T/A Miles Witt Partnership
(AG2020/2017)

ST PAUL DE CHARTRES NURSES ENTERPRISE AGREEMENT 2019

Health and welfare services
COMMISSIONER SPENCER	BRISBANE, 6 AUGUST 2020

Application for approval of the St Paul de Chartres Nurses Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the St Paul de Chartres Nurses Enterprise Agreement 2019 (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 Applicant) on behalf of Sister of St Paul De Chartres Australia T/A St Paul De Chartres Residential Aged Care (the Employer).

[2] The Agreement is a single enterprise agreement.

[3] Mr Christopher Murray, Industrial Officer for the Australian Nursing and Midwifery Federation – Queensland Nurses and Midwives’ Union (the ANMF), filed a Form F18 Declaration of employee organisation in relation to the application on behalf of the ANMF, advising that the ANMF supported approval of the Agreement.

[4] I wrote to the Applicant on 28 July 2020 raising certain concerns regarding the Agreement. The Applicant provided a response on 5 August 2020. This response was provided to the ANMF who advised that they did not seek to press any objections in relation to the approval of the Agreement.

[5] 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.

[6] The Australian Nursing and Midwifery Federation – Queensland Nurses and Midwives’ Union, 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) of the Act, I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 August 2020. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of Armest Pty Ltd T/A Miles Witt Partnership, the applicant sought approval of the St Paul de Chartres Nurses Enterprise Agreement 2019. The application was brought before the Fair Work Commission, a body established under the Fair Work Act 2009 to oversee and regulate workplace relations in Australia. The applicant, a healthcare provider, aimed to have the enterprise agreement, which outlined the terms and conditions of employment for nurses, formally approved. The agreement was central to resolving various employment-related disputes and establishing a fair framework for future interactions between the employer and the nurses.

The legal issues before the Commission centred on whether the enterprise agreement complied with the statutory requirements set forth in the Fair Work Act. The Commission had to determine if the agreement covered the necessary minimum terms, was free from prohibited content, and was made in good faith. Additionally, the Commission considered whether the agreement had been genuinely negotiated between the parties and whether it provided for a fair and efficient workplace. The applicant argued that the agreement met all statutory criteria, while no party contested the agreement's substance or its negotiation process.

Upon reviewing the enterprise agreement and the submissions from the parties, the Fair Work Commission concluded that the agreement was compliant with the statutory requirements. The Commission found that the agreement contained all the minimum terms prescribed by the Fair Work Act and did not include any prohibited content. It was evident that the agreement had been negotiated in good faith and was designed to provide a fair and efficient workplace for the nurses. Consequently, the Commission approved the St Paul de Chartres Nurses Enterprise Agreement 2019, recognising its validity and enforceability under the Act.

The Commission's decision to approve the enterprise agreement signifies a resolution to the application brought forth by the applicant. The approval of the agreement ensures that the terms and conditions of employment for the nurses are legally binding and enforceable, providing a stable and predictable environment for both the employer and the employees. This outcome facilitates the ongoing operation of the healthcare provider and maintains a fair balance of rights and obligations between the parties involved.

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