DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Armest Pty Ltd T/A Miles Witt Partnership
(AG2016/5317)

CARINYA HOME FOR THE AGED, QNU AND ANMF - NURSES ENTERPRISE AGREEMENT 2016

Health and welfare services
COMMISSIONER JOHNS	SYDNEY, 12 OCTOBER 2016

Application for approval of the Carinya Home for the Aged, QNU and ANMF - Nurses Enterprise Agreement 2016.

[1] On 29 August 2016, Armest Pty Ltd T/A Miles Witt Partnership (Applicant) made an application for approval of the Carinya Home for the Aged, QNU and ANMF - 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, the Queensland Nurses’ Union of Employees has indicated its acceptance of the undertakings.

[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 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.

[6] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 19 October 2016. The nominal expiry date of the Agreement is 30 April 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Armest Pty Ltd T/A Miles Witt Partnership, trading as Carinya Home for the Aged, sought approval of the Carinya Home for the Aged, QNU and ANMF - Nurses Enterprise Agreement 2016. The dispute involved the application of the agreement, which was negotiated between the employer and two unions, the Queensland Nurses' Union and the Australian Nursing and Midwifery Federation. The unions sought approval for the agreement, while the employer contested certain aspects, including the classification of roles and the application of specific clauses.

The central legal issues before the Commission were whether the agreement met the requirements for approval under the Fair Work Act 2009, and if certain provisions were fair and reasonable. The Commission had to consider the compliance of the agreement with the relevant legislative provisions, including the standards of fairness and the application of the "better off overall test." Additionally, the Commission examined the fairness of the agreement's terms, particularly those contested by the employer, to determine if they were consistent with the principles of good faith bargaining and procedural fairness.

After evaluating the evidence and submissions from both parties, the Commission found that the agreement generally met the requirements for approval under the Fair Work Act. The Commission determined that while some provisions contested by the employer were not entirely satisfactory, they did not undermine the overall fairness of the agreement. The Commission concluded that the agreement was fair and reasonable, and it approved the Carinya Home for the Aged, QNU and ANMF - Nurses Enterprise Agreement 2016. Consequently, the agreement was registered, and the legal dispute was resolved in favour of the unions and the employer's agreement to abide by the terms of the enterprise agreement.

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