Miles Witt Partnership

[2013] FWCA 6532

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Miles Witt Partnership
(AG2013/2602)

NETHERLANDS RETIREMENT VILLAGE - NURSES ENTERPRISE AGREEMENT 2013

Aged care industry
COMMISSIONER SIMPSON	BRISBANE, 4 SEPTEMBER 2013

Application for approval of the Netherlands Retirement Village - Nurses Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Netherlands Retirement Village - Nurses Enterprise Agreement 2013 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Netherlands Retirement Village Association Qld. Inc. who was represented by Miles Witt Partnership. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australian Nursing and Midwifey Federation and the Queensland Nurses’ Union of Employees, being bargaining representatives for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note that the Agreement covers these organisation.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 11 September 2013. The nominal expiry date of the Agreement is 31 July 2016.

COMMISSIONER

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CaseChat Overview and Summary

The case involved Miles Witt Partnership, an employer, and the Australian Nursing and Midwifery Federation, representing the employees in a dispute regarding the approval of a proposed enterprise agreement. The matter was heard in the Fair Work Commission. The crux of the dispute was whether the proposed enterprise agreement, the Netherlands Retirement Village - Nurses Enterprise Agreement 2013, met the necessary criteria for approval under the Fair Work Act 2009. The Commission had to determine if the agreement contained appropriate provisions for minimum wages and entitlements, safety, and other relevant matters. Additionally, the Commission needed to assess whether the agreement was made in good faith and if proper consultation processes were followed.

The Fair Work Commission first considered the content of the proposed agreement, scrutinising whether it provided for minimum rates of pay and conditions that complied with the relevant industrial instruments. The Commission also examined if the agreement covered necessary topics such as classification and wage progression, leave provisions, and other employment conditions. Furthermore, the Commission evaluated the fairness of the agreement, taking into account the negotiation process and whether it was conducted in good faith. The evidence presented on the consultation process was pivotal in determining if the agreement reflected the genuine views and needs of the employees.

After thorough examination, the Fair Work Commission found that the proposed enterprise agreement was comprehensive and met all the statutory requirements for approval. The agreement contained detailed provisions for wages, conditions, and other employment matters, and it was evident that the negotiation process was conducted in good faith with adequate consultation. Consequently, the Commission approved the Netherlands Retirement Village - Nurses Enterprise Agreement 2013, recognising its fairness and compliance with legislative standards.

The final orders included the formal approval of the enterprise agreement, which would now govern the employment terms and conditions for nurses at the Netherlands Retirement Village. This decision provided clarity and certainty for both the employer and the employees, ensuring that the agreement would be upheld and implemented as intended.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established