DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Armest Pty Ltd T/A Miles Witt Partnership
(AG2017/3946)

NAZARETH CARE (TAMWORTH) NURSES ENTERPRISE AGREEMENT 2017

Aged care industry
COMMISSIONER WILSON	MELBOURNE, 5 DECEMBER 2017

Application for approval of the Nazareth Care (Tamworth) Nurses Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Nazareth Care (Tamworth) 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] 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, and New South Wales Nurses and Midwives’ Association being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 December 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Armest Pty Ltd trading as Miles Witt Partnership, the applicant sought approval of the Nazareth Care (Tamworth) Nurses Enterprise Agreement 2017. The application was brought before the Fair Work Commission, which was tasked with determining whether the agreement complied with the relevant legislative requirements. The dispute arose due to concerns regarding the agreement's provisions and whether they adhered to the standards set forth in the Fair Work Act 2009. The Commission had to examine the fairness and compliance of the agreement in light of the statutory criteria.

The primary legal issues before the Commission included whether the agreement met the minimum standards prescribed by the Fair Work Act, including provisions on minimum wages, penalty rates, and other employment conditions. Additionally, the Commission had to assess whether the agreement had been made in good faith and whether it contained terms that were necessary to prevent, reduce, or eliminate bullying, harassment, and other forms of unacceptable conduct in the workplace. The fairness of the agreement, as well as the process through which it was negotiated, were also under scrutiny.

In delivering its decision, the Commission meticulously reviewed the provisions of the agreement against the statutory benchmarks. The Commission found that the agreement met the minimum standards set by the Fair Work Act, including appropriate wage rates and conditions. It also determined that the agreement had been made in good faith and contained necessary provisions to address workplace conduct issues. Furthermore, the process of negotiation was deemed to be fair and transparent. Consequently, the Commission approved the Nazareth Care (Tamworth) Nurses Enterprise Agreement 2017, affirming its compliance with the relevant legal requirements.

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