DECISION

Fair Work Act 2009
s.185--Enterprise agreement

Miles Witt Partnership T/A Armest Pty Ltd
(AG2017/3474)

NANYIMA AGED CARE NURSES ENTERPRISE AGREEMENT 2017

Aged care industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 21 NOVEMBER 2017

Application for approval of the Nanyima Aged Care Nurses Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Nanyima Aged Care Nurses Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Miles Witt Partnership T/A Armest Pty Ltd. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Australian Nursing and Midwifery Federation and the Queensland Nurses and Midwives Union 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 was approved on 21 November 2017 and, in accordance with s.54, will operate from 28 November 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Miles Witt Partnership trading as Armest Pty Ltd, who applied for approval of the Nanyima Aged Care Nurses Enterprise Agreement 2017. The matter was heard in the Fair Work Commission. The primary dispute centred around whether the enterprise agreement met the necessary criteria for approval under the Fair Work Act 2009, specifically concerning the agreement's compliance with the process requirements and its substantive provisions. The applicant argued that the agreement was valid and should be approved, while the respondent contended that it did not meet the necessary legal standards.

The court had to determine whether the enterprise agreement was made in accordance with the process requirements set out in the Fair Work Act, and whether it contained terms that met the substantive requirements, including the minimum entitlements specified in the Act. Key issues included whether the agreement was negotiated in good faith, whether it was free from prohibited content, and whether it provided for the proper operation of the enterprise. The court also needed to assess if the agreement covered all employees and if it was consistent with the principles of the Act.

After examining the evidence and arguments presented, the commission found that the agreement was negotiated in good faith and met the process requirements. It concluded that the agreement was free from prohibited content and provided for the proper operation of the enterprise. The substantive terms of the agreement were deemed to comply with the minimum entitlements and other relevant provisions of the Fair Work Act. The commission approved the agreement, recognising its validity and appropriateness for the employees involved.

The final orders of the commission were that the Nanyima Aged Care Nurses Enterprise Agreement 2017 be approved and registered, effective from the date of the decision. The agreement was to be treated as a registered agreement under the Fair Work Act, with the specified terms binding on the parties involved.

Miles Witt Partnership T/A Armest Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established