Armest Pty Ltd T/A Miles Witt Partnership

[2023] FWCA 1486

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Armest Pty Ltd T/A Miles Witt Partnership

(AG2023/1289)

FOREST VIEW CHILDERS SUPPORT STAFF ENTERPRISE AGREEMENT 2023

Aged care industry
DEPUTY PRESIDENT DOBSON	BRISBANE, 24 MAY 2023

Application for approval of the Forest View Childers Support Staff Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Forest View Childers Support Staff Enterprise Agreement 2023 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Armest Pty Ltd T/A Miles Witt Partnership (the Applicant). The Agreement is a single enterprise agreement.

The Applicant 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.

The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to s.190(3) of the Act, I accept the undertakings.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

The Australian Workers Union (AWU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the AWU.

The Agreement is approved and will operate in accordance with s.54 of the Act. 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

In the matter of the Fair Work Commission, Armest Pty Ltd, trading as Miles Witt Partnership, applied for approval of the Forest View Childers Support Staff Enterprise Agreement 2023. The agreement, intended to regulate employment terms for support staff at Forest View Childers, required scrutiny to ensure compliance with the Fair Work Act 2009 and fairness to both employees and the employer.

The court examined several legal issues, primarily whether the agreement met the procedural and substantive requirements for approval under the Fair Work Act. This involved verifying that the agreement was genuinely negotiated, appropriately certified, and did not disadvantage employees by breaching minimum entitlements. The court also considered whether the agreement contained provisions that went beyond statutory minima in a manner that was fair and reasonable.

Upon reviewing the evidence and arguments presented, the court found that the agreement adhered to necessary procedural standards and contained fair and reasonable terms. The court emphasised that the agreement did not impose undue hardship on the employer and provided a balanced approach to the rights and obligations of both parties. Consequently, the application for approval was successful, and the agreement was ratified.

The court ordered the approval of the Forest View Childers Support Staff Enterprise Agreement 2023, effective from the date of the decision. This decision allows the agreement to be implemented, governing the employment conditions of the support staff at Forest View Childers.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established