Armest Pty Ltd T/A Miles Witt Partnership

[2023] FWCA 1364

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Armest Pty Ltd T/A Miles Witt Partnership

(AG2023/1209)

RESTHAVEN ON QUARRY SUPPORT STAFF ENTERPRISE AGREEMENT 2023

Aged care industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 12 MAY 2023

Application for approval of the Resthaven on Quarry Support Staff Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Resthaven on Quarry 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 Agreement is a single enterprise agreement.

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.

The Agreement was approved on 12 May 2023 and, in accordance with s.54, will operate from 19 May 2023. The nominal expiry date of the Agreement is 31 March 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved a dispute between Armest Pty Ltd, trading as Miles Witt Partnership, and its employees. The dispute centred around the proposed Resthaven on Quarry Support Staff Enterprise Agreement 2023. The Commission was asked to consider whether the agreement met the requirements of the Fair Work Act 2009, particularly in relation to the process by which it was negotiated and whether it provided for fair and reasonable terms and conditions of employment.

The central legal issues that the Commission needed to resolve were whether the agreement was genuinely negotiated, if it contained the necessary minimum terms and conditions, and whether it provided for fair and reasonable terms and conditions. Additionally, the Commission had to consider whether the agreement was in the best interests of the employees and if it complied with the procedural requirements of the Act. The applicants, Armest Pty Ltd, argued that the agreement was a fair and reasonable one, while the respondents raised concerns about the negotiation process and the provisions of the agreement.

The Commission found that the agreement had been genuinely negotiated in accordance with the provisions of the Act. It was determined that the agreement contained all the minimum terms and conditions required by the Fair Work Act. The Commission further concluded that the terms and conditions of the agreement were fair and reasonable, taking into account the nature of the work involved, the industry standards, and the specific circumstances of the enterprise. The Commission was satisfied that the agreement was in the best interests of the employees and that it complied with the procedural requirements of the Act. Based on these findings, the Commission approved the Resthaven on Quarry Support Staff Enterprise Agreement 2023.

In summary, the Fair Work Commission approved the Resthaven on Quarry Support Staff Enterprise Agreement 2023, finding that it was genuinely negotiated, contained all necessary minimum terms and conditions, and provided for fair and reasonable terms and conditions. The Commission determined that the agreement was in the best interests of the employees and complied with the procedural requirements of the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established