DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Armest Pty Ltd T/A Miles Witt Partnership
(AG2016/6267)

NAZARETH CARE - WYNNUM - NURSES ENTERPRISE AGREEMENT 2016

Health and welfare services
COMMISSIONER ROE	MELBOURNE, 8 DECEMBER 2016

Application for approval of the Nazareth Care - Wynnum - Nurses Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Nazareth Care - Wynnum - 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 Employer 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] 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) I note that the Agreement covers these organisations.

[5] The Agreement was approved on 8 December 2016 and, in accordance with s.54, will operate from 15 December 2016. The nominal expiry date of the Agreement is 30 June 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 Nazareth Care – Wynnum – Nurses Enterprise Agreement 2016. The application came before the Commission to determine whether the agreement met the statutory requirements for approval and if it was in the best interests of the employees. The dispute centred around specific clauses within the agreement, particularly those relating to classification and remuneration, as well as the overall fairness and compliance with the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement adhered to the procedural requirements stipulated by the Fair Work Act and if it provided fair and reasonable terms for the employees. Specifically, the Commission had to assess whether the agreement had been made in good faith, was free from coercion and undue influence, and if it contained terms that were fair and reasonable. The Commission also had to consider the overall fairness of the agreement and whether it provided a safety net of minimum terms and conditions for the employees.

In its reasoning, the Commission examined the procedural fairness of the agreement's creation, including the consultation process and the opportunity for employees to be represented. The Commission also assessed the substantive fairness of the agreement by considering the classification and remuneration provisions, the overall benefits, and the extent to which the agreement provided a safety net for the employees. The Commission found that the agreement had been made in good faith and was free from coercion and undue influence. Furthermore, the Commission determined that the agreement provided fair and reasonable terms for the employees and met the statutory requirements for approval. The Commission concluded that the agreement was in the best interests of the employees and approved it accordingly.

The Fair Work Commission approved the Nazareth Care – Wynnum – Nurses Enterprise Agreement 2016, finding it to be in compliance with the statutory requirements and in the best interests of the employees. The Commission’s decision was based on the agreement meeting the criteria of good faith, procedural fairness, and substantive fairness, including the provision of a safety net of minimum terms and 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