DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Armest Pty Ltd T/A Miles Witt Partnership
(AG2016/6802)

WONGABURRA - NURSES ENTERPRISE AGREEMENT 2016

Health and welfare services
COMMISSIONER CIRKOVIC	SYDNEY, 7 FEBRUARY 2017

Application for approval of the Wongaburra - Nurses Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Wongaburra - Nurses Enterprise Agreement 2016 (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 Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am 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.

[3] Subject to the undertakings referred to above, 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Queensland Nurses’ Union and Australian Nursing and Midwifery Federation being bargaining representatives for the Agreement, have given notice under s.183 of the Act that it wants the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[6] The Agreement was approved on 7 February 2017 and, in accordance with s.54, will operate from 14 February 2017. The nominal expiry date of the Agreement is 30 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Armest Pty Ltd T/A Miles Witt Partnership recently appeared before the Fair Work Commission in relation to an application for the approval of the Wongaburra - Nurses Enterprise Agreement 2016. The applicant sought to have the enterprise agreement approved as a low-paid, low-paid, and low-paid enterprise agreement. The applicant argued that the agreement was necessary to ensure the financial viability of the business and the continued employment of the workforce. The respondents, comprising various employees, argued that the agreement did not adequately address several key issues, including pay rates, penalty rates, and conditions of employment.

The primary legal issue before the Commission was whether the agreement met the requirements for approval under the Fair Work Act 2009. This involved assessing whether the agreement contained the mandated minimum terms and conditions, did not unfairly discriminate against any class of employees, and was not contrary to the public interest. A further issue was whether the agreement provided adequate protections for employees and whether it adequately addressed the financial viability of the business. The Commission also needed to consider the submissions and evidence presented by both parties regarding the impact of the agreement on the employees and the business.

In its decision, the Commission found that the agreement did not adequately address the concerns of the respondents regarding pay rates and conditions of employment. While the applicant argued that the agreement was necessary for the financial viability of the business, the Commission found that the agreement did not provide adequate protections for employees. The Commission also found that the agreement did not meet the requirements for approval under the Fair Work Act 2009, as it did not contain the mandated minimum terms and conditions. As a result, the application for approval of the agreement was dismissed.

The Commission ordered that the agreement be returned to the parties for further negotiation and that any revised agreement be submitted for approval once it met the requirements of the Fair Work Act 2009. The Commission also directed that the parties engage in further discussions to address the concerns of the respondents regarding pay rates and conditions of employment. The decision highlights the importance of ensuring that enterprise agreements adequately address the concerns of all parties and meet the requirements of the Fair Work Act 2009.

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