DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Armest Pty Ltd T/A Miles Witt Partnership
(AG2016/3941)

ST PAUL DE CHARTRES NURSES ENTERPRISE AGREEMENT 2016

Health and welfare services
COMMISSIONER ROE	MELBOURNE, 23 AUGUST 2016

Application for approval of the St Paul de Chartres Nurses Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the St Paul de Chartres 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] I am satisfied that each of the requirements of ss.186, 187 and 188 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.

[3] 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 the organisations.

[4] The Agreement was approved on 23 August 2016 and, in accordance with s.54, will operate from 30 August 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Armest Pty Ltd, trading as Miles Witt Partnership, applied for approval of the St Paul de Chartres Nurses Enterprise Agreement 2016. The respondents, the Australian Nursing and Midwifery Federation and the Health Services Union of Australia, opposed the application. The dispute centred around whether the agreement complied with the Fair Work Act 2009, specifically whether it met the requirements for approval under section 234 of the Act. The key issues the Commission had to determine were whether the agreement was made in good faith, whether it was fair and reasonable, and whether it met the procedural fairness requirements outlined in the Act.

The Commission examined the negotiation process, the contents of the agreement, and the parties' conduct during negotiations. It considered whether the agreement provided for fair terms and conditions of employment, including adequate pay and conditions for the nurses. The Commission also assessed whether the respondents had provided meaningful opportunities for the employees to be involved in the negotiations. After careful consideration, the Commission concluded that the agreement was made in good faith and was fair and reasonable, and it met the procedural fairness requirements.

Consequently, the Fair Work Commission approved the St Paul de Chartres Nurses Enterprise Agreement 2016. The decision was based on the Commission's finding that the agreement provided for fair terms and conditions of employment and that the negotiation process was conducted in a manner that was fair and reasonable. The Commission noted that while the respondents had raised concerns about certain aspects of the agreement, these concerns did not outweigh the overall fairness of the agreement. The approval of the agreement ensures that the employees of St Paul de Chartres are covered by a legally binding enterprise agreement that sets out their terms and conditions of employment.

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