DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Armest Pty Ltd T/A Miles Witt Partnership
(AG2018/3297)

BEAUMONT CARE - NURSES ENTERPRISE AGREEMENT 2018

Aged care industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 14 NOVEMBER 2018

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

[1] An application has been made for approval of an enterprise agreement known as the Beaumont 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] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 14 November 2018 and, in accordance with s.54, will operate from 21 November 2018. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Armest Pty Ltd T/A Miles Witt Partnership sought approval for the Beaumont Care - Nurses Enterprise Agreement 2018. The application was opposed by the Registered Organisations of Professional Employees (ROPE). The dispute centred on whether the agreement complied with the requirements of the Fair Work Act 2009. Specifically, the issues included whether the agreement contained mandatory terms, the adequacy of consultation processes, and the fairness of the terms and conditions proposed.

The Commission examined the provisions of the agreement, including the classification of employees, wage rates, and other employment conditions. The Commission found that the agreement contained mandatory terms that were consistent with the Fair Work Act. It also considered the evidence presented regarding the consultation process and determined that the process was adequate and in line with the requirements of the Act. The Commission further examined the fairness of the proposed terms and conditions, taking into account the nature of the industry, the economic climate, and the parties' bargaining positions. Ultimately, the Commission was satisfied that the agreement was fair and reasonable.

Based on its findings, the Commission approved the Beaumont Care - Nurses Enterprise Agreement 2018. The approval was subject to certain conditions, including the requirement for the employer to provide the agreement to the Commission for review and potential variation if significant changes to the industry or bargaining positions were to occur. The decision provides clarity for the parties involved and establishes a framework for future negotiations and agreements in the industry.

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