DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Armest Pty Ltd T/A Miles Witt Partnership
(AG2018/6002)

GLENELLA CARE - NURSES ENTERPRISE AGREEMENT 2018

Health and welfare services
DEPUTY PRESIDENT MASSON	MELBOURNE, 12 MARCH 2019

Application for approval of the Glenella Care - Nurses Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Glenella Care - 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] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 March 2019. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Armest Pty Ltd, trading as Miles Witt Partnership, sought approval for the Glenella Care – Nurses Enterprise Agreement 2018. The application was before the Fair Work Commission, which is tasked with overseeing and approving enterprise agreements under the Fair Work Act 2009. The dispute centred on whether the agreement met the legal requirements for approval, particularly whether it provided for the proper determination of employees' terms and conditions of employment and whether it was made in good faith and without coercion. The applicant argued that the agreement was fair and equitable, while an objector contended that the agreement failed to ensure fair pay and conditions and was not made in good faith.

The Commission considered whether the agreement contained all the mandated terms and conditions, whether it was negotiated in good faith, and if it complied with the provisions of the Fair Work Act. The applicant presented evidence to support the negotiation process and the fairness of the agreement, including witness testimonies and documentation of the bargaining process. The objector raised concerns about the adequacy of pay rates and the process by which the agreement was negotiated. The Commission examined the evidence and submissions from both parties, assessing the fairness of the agreement against the statutory criteria.

After evaluating the evidence, the Fair Work Commission determined that the agreement was made in good faith and without coercion. The Commission found that the agreement provided for the proper determination of employees' terms and conditions and met the mandatory provisions of the Fair Work Act. The Commission also concluded that the agreement was fair and reasonable, taking into account the overall context and the bargaining process. Consequently, the application for approval was successful.

The Fair Work Commission approved the Glenella Care – Nurses Enterprise Agreement 2018, effective from the date of the decision. The Commission's approval is contingent upon the agreement being registered with the Registrar of the Fair Work Commission. The applicant is directed to provide the necessary documentation for registration within the specified timeframe. This decision ensures that the terms and conditions of employment for the nurses are legally binding and enforceable, providing clarity and certainty for 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