Armest Pty Ltd T/A Miles Witt Partnership

[2017] FWCA 5850

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Armest Pty Ltd T/A Miles Witt Partnership

(AG2017/3756)

Bethany Christian Care - Nurses Enterprise Agreement 2017

Aged care industry
Commissioner Wilson	MELBOURNE, 8 NOVEMBER 2017

Application for approval of the Bethany Christian Care - Nurses Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Bethany Christian Care - 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 Mills Witt Partnership. The Agreement is a single enterprise agreement.

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 Australian Nursing and Midwifery Federation, The Australian Workers’ Union and Queensland Nurses’ and Midwives Union of Employees 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 November 2017. The nominal expiry date of the Agreement is 12 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Armest Pty Ltd, trading as Miles Witt Partnership, applied for approval of the Bethany Christian Care - Nurses Enterprise Agreement 2017. The application was heard by the Fair Work Commission, where the primary issue was whether the agreement met the statutory requirements under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement was a genuine enterprise agreement and if it complied with the minimum terms and conditions set out in the Act.

The central legal issues revolved around the interpretation of the statutory criteria for an enterprise agreement and whether the agreement genuinely reflected the terms negotiated between the employer and the employees. The Commission considered whether the agreement had been made in good faith and whether it provided for a fair and efficient workplace. Additionally, the Court examined whether the agreement complied with the minimum terms and conditions and if it included all the prescribed provisions.

The Commission found that the agreement was indeed a genuine enterprise agreement, reflecting the terms negotiated in good faith between the parties. The agreement was deemed to comply with the statutory minimum terms and conditions, including the provisions for wages, hours of work, and other employment-related matters. The Commission concluded that the agreement was fair and efficient and provided for the proper management of the workplace. Consequently, the Commission approved the agreement under the Fair Work Act 2009.

The Fair Work Commission approved the Bethany Christian Care - Nurses Enterprise Agreement 2017, determining that it met all statutory requirements and was a genuine enterprise agreement. The Court found that the agreement complied with the minimum terms and conditions set out in the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established