DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Armest Pty Ltd T/A Miles Witt Partnership
(AG2016/4010)

SUNNYMEADE AND QNU - NURSES ENTERPRISE AGREEMENT 2016

Health and welfare services
COMMISSIONER ROE	MELBOURNE, 23 AUGUST 2016

Application for approval of the Sunnymeade and QNU - Nurses Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Sunnymeade and QNU - 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 Queensland Nurses’ Union of Employees and the Australian Nursing and Midwifery Federation, 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 case of Armest Pty Ltd T/A Miles Witt Partnership, the applicant sought approval of the Sunnymeade and QNU - Nurses Enterprise Agreement 2016. The matter was heard in the Fair Work Commission, an Australian federal statutory tribunal with jurisdiction to hear and determine matters arising under the Fair Work Act 2009. The applicant argued that the proposed agreement met the necessary criteria for approval, while the respondents raised objections regarding the agreement's provisions on working conditions and wages.

The central legal issues before the commission were whether the agreement complied with the requirements of the Fair Work Act, particularly in relation to the fairness of its terms and conditions. The commission needed to determine if the agreement was procedurally fair and whether its provisions were fair in the sense of meeting the needs of the employees and the business. Furthermore, the commission had to assess if the agreement adequately addressed the interests of the employees and whether it was consistent with the principles of the Fair Work Act.

After considering the evidence and submissions presented by both parties, the commission found that the agreement was procedurally fair, as it had been negotiated in good faith and involved the genuine participation of the employees' representatives. The commission also determined that the agreement's terms and conditions were fair, taking into account the needs of the employees and the business. The commission concluded that the agreement was consistent with the principles of the Fair Work Act and adequately addressed the interests of the employees. Consequently, the Fair Work Commission approved the Sunnymeade and QNU - Nurses Enterprise Agreement 2016, finding it to be in compliance with the relevant legislation.

The final orders of the commission were that the Sunnymeade and QNU - Nurses Enterprise Agreement 2016 be approved as a registered agreement under the Fair Work Act 2009. The agreement would then apply to the employees covered by it, and the provisions would be enforceable in accordance with the Act. The approval of the agreement would facilitate the smooth operation of the business while ensuring that the employees' rights and interests were protected.

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