Application by Armest Pty Ltd T/A Miles Witt Partnership

[2022] FWCA 3500

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Application by Armest Pty Ltd T/A Miles Witt Partnership

(AG2022/3931)

Bowen Old People’s Home Society Enterprise Agreement 2022

Aged care industry
COMMISSIONER HUNT	BRISBANE, 10 OCTOBER 2022

Application for approval of the Bowen Old People’s Home Society Enterprise Agreement 2022

Armest Pty Ltd T/A Miles Witt Partnership (the Employer) has applied for approval of an enterprise agreement known as the Bowen Old People’s Home Society Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the Australian Workers’ Union (AWU) and Australian Nursing and Midwifery Federation (ANMF) regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views.

I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

I have taken into consideration the material filed in the Commission. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 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 s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The AWU and ANMF being bargaining representatives for the Agreement have given notice under s.183 of the Act that they the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the AWU and ANMF.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 October 2022. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Armest Pty Ltd, trading as Miles Witt Partnership, applied to the Fair Work Commission for approval of the Bowen Old People’s Home Society Enterprise Agreement 2022. The dispute centred on the terms and conditions of employment for workers at the Bowen Old People’s Home, with a focus on whether the proposed agreement complied with relevant industrial laws and protected the rights of the employees. The Fair Work Commission was tasked with reviewing the agreement and determining whether it met the necessary standards for approval.

The legal issues before the Commission included whether the agreement provided for a safety net of minimum wages and conditions, whether it contained provisions that were contrary to public policy, and whether it was negotiated in good faith. Additionally, the Commission needed to assess whether the agreement adequately protected the rights and interests of the employees, particularly given the nature of the work provided at the Bowen Old People’s Home. The Commission was also required to consider any submissions made by the parties involved and ensure that the agreement was fair and reasonable.

In its decision, the Fair Work Commission determined that the Bowen Old People’s Home Society Enterprise Agreement 2022 did indeed meet the necessary standards for approval. The Commission found that the agreement provided a safety net of minimum wages and conditions, did not contain provisions that were contrary to public policy, and was negotiated in good faith. The Commission was satisfied that the agreement adequately protected the rights and interests of the employees, particularly considering the unique nature of the work provided at the Bowen Old People’s Home. After careful consideration of the submissions made by the parties, the Fair Work Commission approved the agreement and ordered its registration.

The Fair Work Commission’s decision was final and binding, and the Bowen Old People’s Home Society Enterprise Agreement 2022 was approved and registered. This outcome ensured that the employees at the Bowen Old People’s Home would benefit from the terms and conditions outlined in the agreement, while also upholding the principles of fair and reasonable industrial relations practices.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established