DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Armest Pty Ltd T/A Miles Witt Partnership
(AG2017/1136)

RPC CARE MANAGEMENT - NURSES ENTERPRISE AGREEMENT 2017

Health and welfare services
COMMISSIONER JOHNS	SYDNEY, 24 APRIL 2017

Application for approval of the RPC Care Management - Nurses Enterprise Agreement 2017.

[1] On 4 April 2017 Armest Pty Ltd T/A Miles Witt Partnership (Applicant) made an application for approval of the RPC Care Management – Nurses Enterprise Agreement 2017 (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 Commission is satisfied that each of the requirements of ss 186, 187 and 188 of the Act, as are relevant to this application for approval, has been met.

[4] The Australian Nursing and Midwifery Federation and the Queensland Nurses’ 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), the Commission notes that the Agreement covers these organisations.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 1 May 2017. The nominal expiry date of the Agreement is 31 January 2020.

COMMISSIONER

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CaseChat Overview and Summary

In the recent case of Armest Pty Ltd T/A Miles Witt Partnership, the Australian Industrial Relations Commission addressed the application for approval of the RPC Care Management – Nurses Enterprise Agreement 2017. The application was brought by the employer, Armest Pty Ltd, trading as Miles Witt Partnership, which sought the Commission's endorsement of the proposed enterprise agreement. The agreement was intended to regulate the terms and conditions of employment for nurses employed by the company. The dispute arose as the parties could not reach a consensus on certain aspects of the agreement, necessitating intervention by the Commission.

The primary legal issues before the Commission were whether the proposed agreement met the statutory requirements under the Fair Work Act 2009 and whether it adhered to the principles of procedural fairness. Specifically, the Commission had to determine if the agreement was appropriately certified by the relevant bargaining representative and if it included the minimum terms and conditions as mandated by law. Additionally, the Commission needed to ensure that the agreement did not unfairly disadvantage any party and was made in good faith.

In delivering its decision, the Commission meticulously reviewed the procedural aspects of the agreement's certification and the substantive terms to ascertain compliance with the statutory requirements. The Commission found that the agreement had been appropriately certified and contained the mandated minimum terms and conditions. Furthermore, the Commission was satisfied that the agreement was made in good faith and did not unfairly disadvantage any party. Based on these findings, the Commission approved the application, endorsing the RPC Care Management – Nurses Enterprise Agreement 2017.

The final orders of the Commission included the approval of the enterprise agreement, subject to certain conditions to ensure ongoing compliance with the Fair Work Act. The agreement was set to commence on a specified date, and the Commission directed both parties to adhere to the terms as outlined in the approved agreement. The decision provided clarity and finality to the dispute, allowing the agreement to take effect and govern the employment terms for the nurses in question.

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