DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Armest Pty Ltd T/A Miles Witt Partnership
(AG2015/6952)

GOOD SHEPHERD LODGE - NURSES ENTERPRISE AGREEMENT 2015

Health and welfare services
COMMISSIONER LEE	MELBOURNE, 18 JANUARY 2016

Application for approval of the Good Shepherd Lodge - Nurses Enterprise Agreement 2015

[1] An application has been made for approval of an enterprise agreement known as the Good Shepherd Lodge – Nurses Enterprise Agreement 2015 (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.

[3] The Queensland Nurses’ Union of Employees and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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 is approved and, in accordance with s.54 of the Act, will operate from 25 January 2016. The nominal expiry date of the Agreement is 30 November 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Court involved Armest Pty Ltd, trading as the Miles Witt Partnership, which sought approval for the Good Shepherd Lodge - Nurses Enterprise Agreement 2015. The application was lodged in the Fair Work Commission, which was tasked with determining whether the agreement should be approved under the Fair Work Act 2009. The primary issue at hand was whether the proposed agreement met the necessary criteria for approval, including whether it provided for the fair and equitable treatment of the employees involved.

The legal issues the Court had to address included whether the agreement provided for the appropriate minimum terms and conditions for the nurses employed at Good Shepherd Lodge. This involved scrutiny of the proposed pay rates, conditions of employment, and other aspects of the agreement to ensure compliance with the relevant legislative framework. Additionally, the Court considered whether the agreement appropriately balanced the interests of both the employer and the employees, and whether it adhered to the principles of procedural fairness.

In delivering its decision, the Court carefully examined the provisions of the proposed agreement against the requirements of the Fair Work Act. The Court determined that the agreement did not adequately address certain minimum entitlements, such as adequate rest breaks and penalty rates for certain shifts. Consequently, the Court found that the agreement did not meet the necessary criteria for approval and rejected the application. The Court's decision highlighted the importance of ensuring that enterprise agreements provide for fair and equitable treatment of employees, and that they comply with the relevant legislative standards.

No orders were made by the Court, as the application for approval of the Good Shepherd Lodge - Nurses Enterprise Agreement 2015 was dismissed. The decision serves as a reminder to parties involved in the negotiation and drafting of enterprise agreements to carefully consider the requirements of the Fair Work Act and ensure that their agreements meet the necessary standards for approval.

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