DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Armest Pty Ltd T/A Miles Witt Partnership
(AG2017/3483)

RESTHAVEN ON QUARRY - NURSES ENTERPRISE AGREEMENT 2017

Aged care industry
COMMISSIONER WILSON	MELBOURNE, 20 NOVEMBER 2017

Application for approval of the Resthaven on Quarry - Nurses Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Resthaven on Quarry - 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 the Queensland Nurses and Midwives Union, 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 the organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 November 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

Armest Pty Ltd T/A Miles Witt Partnership applied to the Fair Work Commission for approval of the Resthaven on Quarry – Nurses Enterprise Agreement 2017. The application was made under section 231 of the Fair Work Act 2009. The dispute centred on whether the enterprise agreement provided for the appropriate balance between employees' rights and employers' interests, and whether it complied with relevant legislative requirements. The primary issue before the Commission was whether the agreement met the "better off overall test" and whether it complied with the Fair Work Act's requirements.

The Commission considered whether the proposed agreement provided employees with outcomes that were at least as good as their existing entitlements and whether it met the statutory prerequisites for approval. The Commission evaluated the provisions of the agreement against the criteria established by the Fair Work Act, including the need for the agreement to be in writing, to cover a specified period, and to provide for the terms and conditions of employment. Additionally, the Commission assessed whether the agreement was free from any prohibited content, such as provisions that contravened minimum entitlements or that were otherwise unlawful.

After careful consideration, the Commission determined that the Resthaven on Quarry – Nurses Enterprise Agreement 2017 met all the statutory requirements for approval. The agreement was found to provide employees with outcomes that were at least as good as their existing entitlements, thus satisfying the better off overall test. The Commission also found that the agreement complied with all relevant provisions of the Fair Work Act, including the requirement for the agreement to be in writing and to cover a specified period. Consequently, the Commission approved the agreement, recognising its compliance with the statutory framework and its potential to provide a fair balance of rights and obligations for both parties.

In approving the agreement, the Commission issued orders under section 232 of the Fair Work Act, confirming the agreement as a registered instrument. The orders mandated that the agreement would come into effect on the date of registration and would remain in force until the end of the specified period, unless terminated earlier in accordance with the agreement's provisions. This decision ensures that the terms and conditions of employment for the nurses at Resthaven on Quarry are governed by the approved enterprise agreement, 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