DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Armest Pty Ltd T/A Miles Witt Partnership
(AG2017/2477)

LOWER BURDEKIN HOME FOR THE AGED - NURSES ENTERPRISE AGREEMENT 2017

Aged care industry
COMMISSIONER SAUNDERS	MELBOURNE, 29 AUGUST 2017

Application for approval of the Lower Burdekin Home for the Aged - Nurses Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Lower Burdekin Home for the Aged - 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 Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[6] The Queensland Nurses and Midwives’ Union of Employees and Australian Nursing and Midwifery Federation being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they wants the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.
[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 September 2017. The nominal expiry date of the Agreement is 31 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Armest Pty Ltd, trading as the Miles Witt Partnership, applied to the Fair Work Commission for approval of the Lower Burdekin Home for the Aged - Nurses Enterprise Agreement 2017. The respondents to the application were the Queensland Nurses and Midwives' Union and the Australian Nursing and Midwifery Federation, which collectively represented the nursing staff of the aged care facility. The dispute centred around the terms and conditions outlined in the proposed agreement, including wage rates, penalties for unlawful dismissal, and the provision of paid meal breaks.

The primary legal issues the Commission was required to decide were whether the agreement met the statutory requirements under the Fair Work Act 2009, including whether it provided for minimum entitlements, was free from prohibited content, and had been genuinely negotiated. The Commission also needed to consider whether the agreement provided for proper dispute resolution mechanisms and was in the best interest of the employees.

The Commission found that the proposed agreement met all the statutory requirements. It provided for minimum entitlements that were not less favourable than the relevant award or registered agreement, contained no prohibited content, and was genuinely negotiated. The Commission also concluded that the agreement contained appropriate dispute resolution processes and was in the best interests of the employees. The Commission approved the agreement, emphasising the importance of ensuring fair and equitable working conditions for the nursing staff in the aged care sector.

The final orders of the Commission were that the Lower Burdekin Home for the Aged - Nurses Enterprise Agreement 2017 be approved as a registered agreement under the Fair Work Act 2009. This decision effectively sets the terms and conditions of employment for the nursing staff at the facility, providing a framework for fair and equitable working conditions.

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