Miles Witt Partnership

[2013] FWCA 6148

FAIR WORK COMMISSION

DECISION

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

Miles Witt Partnership
(AG2013/2363)

FRANCIS OF ASSISI - NURSES ENTERPRISE AGREEMENT 2013

Health and welfare services
COMMISSIONER SIMPSON	BRISBANE, 26 AUGUST 2013

Application for approval of the Francis of Assisi - Nurses Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Francis of Assisi - 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 The Corporation of the Franciscan Sisters of the Heart of Jesus (Queensland) who were represented by 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 Australian Nursing 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 2 September 2013. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Miles Witt Partnership applied for approval of the Francis of Assisi – Nurses Enterprise Agreement 2013. The application was brought under section 234 of the Fair Work Act 2009, which provides that an agreement is to be approved if it meets the "better-off-overall test" and is procedurally sound. The application was opposed by the Health Services Union of Australia (HSU), which claimed the agreement failed to meet the better-off-overall test and was not procedurally sound.

The court identified two main legal issues. The first issue was whether the agreement met the better-off-overall test. The second issue was whether the agreement was procedurally sound. In relation to the better-off-overall test, the court considered the evidence of the parties and determined that the agreement provided for better wages and conditions for nurses than they would have received under the relevant award. In relation to the procedural issue, the court considered the evidence of the parties and determined that the agreement was procedurally sound. The court found that the application was in good faith and that the agreement was not likely to have a detrimental effect on the employees.

The court approved the agreement. The court held that the agreement met the better-off-overall test and was procedurally sound. The court held that the agreement provided for better wages and conditions for nurses than they would have received under the relevant award. The court also held that the application was in good faith and that the agreement was not likely to have a detrimental effect on the employees. The court determined that the agreement should be approved and registered.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established