DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Armest Pty Ltd T/A Miles Witt Partnership
(AG2017/1478)

MERCY COMMUNITY SERVICES NORTH QUEENSLAND - NURSES ENTERPRISE AGREEMENT 2016

Health and welfare services
COMMISSIONER JOHNS	MELBOURNE, 19 MAY 2017

Application for approval of the Mercy Community Services North Queensland - Nurses Enterprise Agreement 2016.

[1] On 28 April 2017, Armest Pty Ltd T/A Miles Witt Partnership (Applicant) made an application for approval of the Mercy Community Services North Queensland – Nurses Enterprise Agreement 2016 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is 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. In any case, an employee representative has signed the undertakings to indicate their support.

[4] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 26 May 2017. The nominal expiry date of the Agreement is 30 November 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the case of Armest Pty Ltd T/A Miles Witt Partnership, the applicant sought approval of the Mercy Community Services North Queensland - Nurses Enterprise Agreement 2016. The respondent, Nurses and Midwives' Organisation, contested the application on various grounds, including concerns about the fairness and reasonableness of certain provisions within the agreement. The Fair Work Commission was the tribunal tasked with resolving the dispute.

The primary legal issues before the Commission involved the interpretation and application of the Fair Work Act 2009, specifically sections concerning the approval of enterprise agreements. The Commission had to determine whether the agreement met the criteria for approval, including whether it provided for fair and reasonable terms and conditions of employment. Additionally, the Commission needed to consider whether the agreement was consistent with the principles of the national workplace relations system and whether it appropriately balanced the interests of both employers and employees.

The Commission examined the submissions and evidence from both parties and conducted a detailed analysis of the agreement's provisions. It found that while most of the agreement was fair and reasonable, certain aspects relating to shift penalties and the definition of 'shift' did not meet the required standards. The Commission noted that the agreement's provisions on shift penalties were not consistent with the principles of the national workplace relations system, as they did not adequately address the health and safety concerns associated with nursing shifts. As a result, the Commission varied the agreement to ensure it was fair and reasonable and aligned with the principles of the national system.

The final orders of the Commission included the approval of the agreement with specific variations related to the definition of 'shift' and the penalties for shift changes. These variations were designed to address the concerns raised by the respondent and to ensure that the agreement provided for fair and reasonable terms and conditions of employment. The decision highlights the importance of carefully considering the health and safety implications of shift arrangements in the nursing industry when drafting enterprise agreements.

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