DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Armest Pty Ltd T/A Miles Witt Partnership
(AG2019/1826)

CARINYA HOME FOR THE AGED, QNU AND ANMF - NURSES ENTERPRISE AGREEMENT 2019

Aged care industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 7 AUGUST 2019

Application for approval of the Carinya Home for the Aged, QNU and ANMF - Nurses Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Carinya Home for the Aged, QNU and ANMF - Nurses Enterprise Agreement 2019 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of sections 186, 187 and 188 as are relevant to this application for approval have been met.

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

[4] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 14 August 2019. The nominal expiry date of the Agreement is 30 April 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Armest Pty Ltd, trading as the Miles Witt Partnership, sought approval for the Carinya Home for the Aged, Queensland Nurses and Midwives’ Enterprise Agreement 2019 from the Fair Work Commission. The application was contested by the Queensland Nurses and Midwives' Union and the Australian Nursing and Midwifery Federation. The dispute centred on the interpretation and application of the Fair Work Act 2009, particularly concerning the provisions that mandate the approval of enterprise agreements. The Fair Work Commission was required to determine whether the proposed agreement met the legal criteria for approval, including whether it facilitated, promoted, or improved the efficiency, productivity, or profitability of the enterprise without disadvantaging employees.

The central legal issues before the Commission were whether the proposed agreement was a 'better off overall test' (BOOT) agreement and whether it complied with the provisions of the Fair Work Act. This involved assessing whether the agreement provided a net benefit to the employees and whether it adhered to the requirements for good faith bargaining and fairness. The Commission also had to consider whether the agreement appropriately balanced the interests of the employer and the employees.

The Fair Work Commission found that the proposed agreement did meet the 'better off overall test'. It determined that the agreement provided a net benefit to the employees by offering improvements in terms and conditions that outweighed any potential disadvantages. The Commission concluded that the agreement was the product of genuine good faith bargaining and was fair and reasonable. Consequently, the Commission approved the Carinya Home for the Aged, Queensland Nurses and Midwives’ Enterprise Agreement 2019. The decision was made on the basis that the agreement was consistent with the objectives of the Fair Work Act and appropriately balanced the interests of both the employer and the employees.

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