Armest Pty Ltd

[2025] FWCA 2862

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Armest Pty Ltd

(AG2025/2586)

THE LAURA JOHNSON HOME ENTERPRISE AGREEMENT 2025

Aged care industry
COMMISSIONER CRAWFORD	SYDNEY, 26 AUGUST 2025

Application for approval of the The Laura Johnson Home Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as The Laura Johnson Home Enterprise Agreement 2025 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act) by Armest Pty Ltd, which is a bargaining representative for the employer covered by the Agreement, The Society for the Mount Isa Memorial Garden Settlement for the Aged (Employer). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss.186, 187 and 188 of the FW Act as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Noting clause 6 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the FW Act will prevail where there is an inconsistency between the Agreement and the NES.

The Australian Nursing and Midwifery Federation (ANMF) and The Australian Workers’ Union (AWU) lodged Form F18 statutory declarations giving notice under s.183 of the FW Act that they want the Agreement to cover them. In accordance with s.201(2) of the FW Act, I note the Agreement covers the ANMF and the AWU.

The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 30 June 2028.

COMMISSIONER

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CaseChat Overview and Summary

Armest Pty Ltd recently faced a significant legal matter in the Fair Work Commission. The dispute centred around the application for approval of the Laura Johnson Home Enterprise Agreement 2025. This agreement was proposed as a new employment contract for employees of Armest Pty Ltd. The legal issues primarily revolved around whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and if it fairly represented the interests of both the employees and the employer.

The Fair Work Commission was tasked with determining if the proposed agreement met the requirements of the Act, including whether it provided for minimum terms and conditions of employment, allowed for fair and meaningful negotiations, and was free from any unfair content. Additionally, the Commission had to assess if the agreement was made in good faith and if it provided for a proper process for resolving any disputes that might arise. The central question was whether the agreement could be certified as meeting the criteria for a simple, streamlined process without the need for a full inquiry.

The Commission found that the proposed agreement did comply with the necessary legal standards. The agreement contained all the required minimum terms and conditions and allowed for genuine negotiations. The process for resolving disputes was deemed adequate, and there was no evidence of unfair content or bad faith in the agreement's creation. As a result, the Commission approved the agreement, allowing it to come into effect as of the specified date. This decision provided certainty for both employees and the employer, ensuring that the terms of employment were legally sound and fair.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established