DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Armest Pty Ltd T/A Miles Witt Partnership
(AG2017/5601)

FRANCIS OF ASSISI - NURSES ENTERPRISE AGREEMENT 2017

Health and welfare services
DEPUTY PRESIDENT MASSON	MELBOURNE, 16 MARCH 2018

Application for approval of the Francis of Assisi - Nurses Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Francis of Assisi - Nurses Enterprise Agreement 2017 (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 Applicant 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 23 March 2018. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Armest Pty Ltd, trading as Miles Witt Partnership, recently appeared before the Fair Work Commission in an application for the approval of the Francis of Assisi - Nurses Enterprise Agreement 2017. The application was made in the context of the parties' ongoing negotiations, seeking to establish terms and conditions of employment for nurses under the agreement. The primary dispute revolved around whether the proposed agreement met the statutory requirements under the Fair Work Act 2009, including whether it provided for a fair and reasonable terms of employment, and whether it complied with the procedural requirements for the approval of enterprise agreements.

The legal issues before the Commission included the validity of the negotiation process, the fairness of the terms contained within the agreement, and the procedural correctness of the application itself. The Commission examined whether the agreement was genuinely negotiated, whether it addressed minimum entitlements as stipulated by the Fair Work Act, and whether it complied with the prescribed form and content requirements. Furthermore, the Commission considered submissions from both parties regarding the reasonableness of the proposed terms, particularly in light of the specific needs and circumstances of the nursing workforce.

In its decision, the Fair Work Commission found that the negotiation process was genuine and that the agreement adequately addressed the minimum entitlements required by law. The Commission noted that the proposed terms of the enterprise agreement were fair and reasonable, taking into account the unique demands of nursing roles and the specific context of the Francis of Assisi healthcare environment. The Commission approved the application on the basis that the agreement met all statutory requirements and provided for fair and reasonable terms of employment. The Commission's approval was also contingent upon the agreement being registered with the Fair Work Commission within the prescribed timeframe.

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