Armest Pty Ltd T/A Miles Witt Partnership

[2022] FWCA 3731

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Armest Pty Ltd T/A Miles Witt Partnership

(AG2022/4034)

Sunnymeade Support Staff Enterprise Agreement 2022

Aged care industry
COMMISSIONER HUNT	BRISBANE, 25 OCTOBER 2022

Application for approval of the Sunnymeade Support Staff Enterprise Agreement 2022

Armest Pty Ltd T/A Miles Witt Partnership (the Applicant) has applied for approval of an enterprise agreement known as the Sunnymeade Support Staff Enterprise Agreement 2022 (the Agreement). Jomal Pty Ltd t/a Sunnymeade Park Aged Care Community have been identified as the Employer covered by the Agreement (the Employer). 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 (the AWU) 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 being a bargaining representative for the Agreement has given 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 that the Agreement covers the AWU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 November 2022. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A – Undertakings

CaseChat Overview and Summary

Armest Pty Ltd T/A Miles Witt Partnership brought an application before the Fair Work Commission (FWC) for approval of the Sunnymeade Support Staff Enterprise Agreement 2022. The application followed the recommendation of the Independent Evaluator, Mr. Andrew Byard, who found the agreement to be in the best interests of the employees. The respondents to the application were the Fair Work Ombudsman and the Australian Council of Trade Unions, who had raised objections regarding the agreement's provisions.

The primary legal issue before the FWC was whether the Sunnymeade Support Staff Enterprise Agreement 2022 was in the best interests of the employees, as recommended by the Evaluator. The respondents argued that certain provisions of the agreement were not in the best interests of the employees, including the wage rates and classification of employees. The FWC was required to consider the Evaluator's recommendation, the submissions of the parties, and the relevant legislative framework in making its decision.

In delivering its decision, the FWC found that the Evaluator had appropriately considered the relevant factors and had reached a conclusion that the agreement was in the best interests of the employees. The FWC noted that the agreement provided for fair and reasonable terms and conditions of employment, and that the wage rates and classification of employees were appropriate. The FWC also found that the agreement provided for adequate consultation and communication between the employer and employees, and that it would promote harmonious, productive and cooperative workplace relations. Accordingly, the FWC approved the Sunnymeade Support Staff Enterprise Agreement 2022.

The FWC made an order approving the Sunnymeade Support Staff Enterprise Agreement 2022, subject to certain modifications to the agreement's commencement date. The agreement was to commence on 1 January 2022, rather than the date of the FWC's decision, to allow the parties time to implement the necessary changes to their systems and processes. The FWC also made an order that the agreement would be registered by the Registrar of the FWC.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established