DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Armest Pty Ltd T/A Miles Witt Partnership
(AG2019/610)

GOOD SHEPHERD LODGE LTD - NURSES ENTERPRISE AGREEMENT 2018

Aged care industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 16 APRIL 2019

Application for approval of the Good Shepherd Lodge Ltd - Nurses Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Good Shepherd Lodge Ltd - Nurses Enterprise Agreement 2018 (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 Agreement is a single enterprise agreement.

[2] 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.

[3] The Australian Nursing and Midwifery Federation 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) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 April 2019. The nominal expiry date of the Agreement is 30 November 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent decision of Armest Pty Ltd T/A Miles Witt Partnership, the Fair Work Commission was called upon to assess the Nurses Enterprise Agreement 2018 proposed by Good Shepherd Lodge Ltd. The applicant, Armest Pty Ltd trading as Miles Witt Partnership, sought approval of the agreement under the Fair Work Act 2009. This agreement was aimed at regulating the terms and conditions of employment for nurses working within Good Shepherd Lodge Ltd, a facility providing aged care services.

The central legal issue before the Commission was whether the proposed agreement complied with the statutory requirements for approval. Specifically, the Commission had to determine whether the agreement was in the best interests of the employees and whether it met the procedural fairness standards set forth in the Act. The applicant argued that the agreement was fair and met all necessary statutory criteria, while potential objections focused on certain provisions regarding shift patterns, rostering, and the classification of employees.

In reaching its decision, the Commission meticulously reviewed the agreement, taking into account the submissions from both parties and the relevant statutory provisions. The Commission found that the proposed agreement generally adhered to the requirements of the Fair Work Act. The analysis included an examination of the agreement's provisions against benchmarks such as the National Employment Standards and the applicable award. The Commission concluded that while some aspects required minor adjustments to ensure full compliance, the overall agreement was fair and met the statutory criteria for approval. Consequently, the Commission approved the agreement with minor modifications.

The final orders mandated that the agreement be implemented with the necessary adjustments to address the Commission's concerns. These modifications included specific changes to the provisions related to shift patterns and rostering to better align with the requirements of the Fair Work Act. The decision underscores the importance of ensuring that enterprise agreements not only meet the statutory requirements but also adequately protect the interests of 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