Armest Pty Ltd T/A Miles Witt Partnership Summary

[2023] FWCA 1667

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Armest Pty Ltd T/A Miles Witt Partnership

(AG2023/1624)

FRANCIS OF ASSISI SUPPORT STAFF ENTERPRISE AGREEMENT 2023

Aged care industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 8 JUNE 2023

Application for approval of the Francis of Assisi Support Staff Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement to be known as the Francis of Assisi Support Staff Enterprise Agreement 2023 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Armest Pty Ltd (Employer). The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 June 2023. The nominal expiry date of the Agreement is 30 June 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Armest Pty Ltd, trading as Miles Witt Partnership, applied for approval of the Francis of Assisi Support Staff Enterprise Agreement 2023 before the Fair Work Commission. The application was brought following a negotiation process between the applicant and the support staff members, represented by a union. The agreement in question aims to regulate various employment terms and conditions for the support staff at Francis of Assisi.

The primary legal issues before the Commission were whether the agreement met the statutory requirements under the Fair Work Act 2009, including provisions related to minimum entitlements, procedural fairness, and whether it was genuinely negotiated. The applicant argued that the agreement was fairly negotiated and met all legislative standards, while the union representatives contended that certain aspects did not comply with the law.

The Commission examined the negotiation process and the terms of the agreement in detail. It found that the applicant had engaged in genuine negotiations with the union representatives and that the agreement was comprehensive, covering all required minimum entitlements. The Commission was satisfied that the process was fair and that the agreement was genuinely negotiated. Therefore, the application was approved, and the Enterprise Agreement was certified as meeting the statutory requirements.

The Fair Work Commission approved the application for the certification of the Francis of Assisi Support Staff Enterprise Agreement 2023. The agreement is now legally binding between the applicant and the support staff members, providing a framework for their employment terms and conditions.

Armest Pty Ltd T/A Miles Witt Partnership

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established