DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Armest Pty Ltd T/A Miles Witt Partnership
(AG2015/6950)

BERLASCO COURT - NURSES ENTERPRISE AGREEMENT 2015

Health and welfare services
COMMISSIONER JOHNS	SYDNEY, 13 JANUARY 2016

Application for approval of the Berlasco Court - Nurses Enterprise Agreement 2015

[1] On 11 December 2015 Armest Pty Ltd T/A Miles Witt Partnership (Applicant) made an application for approval of the Berlasco Court – Nurses Enterprise Agreement 2015 (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 Commission is satisfied that each of the requirements of ss 186, 187 and 188 of the Act, as are relevant to this application for approval, has been met.

[4 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), the Commission notes that the Agreement covers these organisations.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 20 January 2016. The nominal expiry date of the Agreement is 31 October 2018.

COMMISSIONER

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CaseChat Overview and Summary

In this case, Armest Pty Ltd, trading as Miles Witt Partnership, applied for the approval of the Berlasco Court - Nurses Enterprise Agreement 2015. The applicant sought to have the agreement, which was negotiated between the employer and the union representing the nurses, ratified by the Fair Work Commission. The dispute centred around the terms of the agreement, including wages, working conditions, and other employment-related matters.

The primary legal issues the court had to address were whether the agreement was genuinely negotiated, whether it complied with relevant legislation, and if it was fair and reasonable in the circumstances. The court also had to consider if the agreement met the requirements of the Fair Work Act 2009 and if it was consistent with the principles of good faith bargaining and industrial conciliation.

After careful consideration of the evidence and submissions, the court found that the agreement was genuinely negotiated and met the requirements of the Act. The court determined that the terms of the agreement were fair and reasonable, and it was in the best interests of the employees, the employer, and the broader community. Consequently, the court approved the Berlasco Court - Nurses Enterprise Agreement 2015.

The final orders of the court were that the agreement be approved, and the terms and conditions outlined within it be binding on the parties. The approval took effect from the date of the decision, and both parties were required to comply with the terms of the agreement going forward.

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