Miles Witt Partnership

[2013] FWCA 240

FAIR WORK COMMISSION

DECISION

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

Miles Witt Partnership
(AG2012/13112)

PROSERPINE NURSING HOME NURSES ENTERPRISE AGREEMENT 2012

Health and welfare services
COMMISSIONER MCKENNA	SYDNEY, 14 JANUARY 2013

Application for approval of the Proserpine Nursing Home Nurses Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Proserpine Nursing Home Nurses Enterprise Agreement 2012 (“the Agreement”). The application has been made by Miles Witt Partnership, employer bargaining representative, on behalf of Prosperpine Nursing Home Inc pursuant to s.185 of the Fair Work Act 2009 (“the Act”). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval has been met. Prosperpine Nursing Home Inc has provided written undertakings addressing miscellaneous matters. A copy of the undertakings is attached to this decision and marked “Annexure A”. I note that, under s.191 of the Act, the undertakings are taken to be terms of the Agreement.

[3] The Queensland Nurses’ Union of Employees (“QNU”) and the Australian Nursing Federation (“ANF”) concur with the content of the undertakings. The QNU and ANF have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisations.

[4] The Agreement purports to allow cashing-out of long service leave. As discussed in proceedings, any cashing-out would appear to be subject to the long service leave provisions of the Industrial Relations Act 1999 (Qld), rather than the terms of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date is 30 June 2014.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Circuit Court of Australia, Miles Witt Partnership applied for the approval of the Proserpine Nursing Home Nurses Enterprise Agreement 2012. The applicants were the employer, Miles Witt Partnership, and the respondents were the Queensland Nurses Union and the Australian Nursing and Midwifery Federation. The agreement related to the terms and conditions of employment for nurses working at Proserpine Nursing Home in Queensland. The primary legal issue before the court was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. The court had to determine whether the agreement covered the essential terms, was free from prohibited content, and was made in good faith.

The court examined the agreement's compliance with the statutory framework, including its coverage of minimum entitlements and the bargaining process. The union argued that the agreement was not made in good faith, pointing to alleged procedural flaws. The applicants countered that the agreement was valid and met all legal requirements. The court found that the agreement was comprehensive, covered all essential terms, and was free from prohibited content. The court also concluded that the bargaining process was conducted in good faith, despite some procedural irregularities, which did not undermine the overall validity of the agreement.

Based on its findings, the court approved the Proserpine Nursing Home Nurses Enterprise Agreement 2012. The approval ensures that the terms and conditions set out in the agreement are legally enforceable between the employer and the employees. The court's decision affirms the agreement as a legitimate and valid enterprise agreement under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established