Armest Pty Ltd T/A Miles Witt Partnership

[2022] FWCA 2729

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Armest Pty Ltd T/A Miles Witt Partnership

(AG2022/2431)

The Laura Johnson Home Enterprise Agreement 2022

Aged care industry
COMMISSIONER SIMPSON	BRISBANE, 12 AUGUST 2022

Application for approval of The Laura Johnson Home Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as The Laura Johnson Home Enterprise Agreement 2022 (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. A copy of the undertakings is attached in Annexure A. 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 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 Queensland Nurses and Midwives’ Union (QNMU) 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 QNMU.

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

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case involved Armest Pty Ltd, trading as Miles Witt Partnership, who applied to the Fair Work Commission for approval of their proposed enterprise agreement, The Laura Johnson Home Enterprise Agreement 2022. The application sought the Commission's endorsement of the agreement, which aimed to govern the employment terms of certain employees within the organisation. The primary legal issue before the Commission was whether the proposed agreement met all statutory requirements under the Fair Work Act 2009, particularly in relation to the provisions addressing employee entitlements, dispute resolution mechanisms, and procedural fairness. The Commission had to consider whether the agreement provided for minimum entitlements, included appropriate dispute resolution processes, and adhered to procedural fairness in its negotiation and formulation.

The Commission examined the agreement's compliance with the Act, focusing on the provisions regarding pay rates, conditions, and dispute resolution. It assessed whether the agreement provided for minimum terms and conditions as required by section 235 of the Act, ensuring that employees were not disadvantaged compared to those covered by applicable awards. Additionally, the Commission evaluated the proposed dispute resolution mechanisms to ensure they were fair and accessible to all parties involved. It also considered the procedural fairness of the negotiation process, including whether there was adequate consultation with employees and their representatives. After thorough deliberation, the Commission found that the agreement satisfied all statutory requirements, ensuring that it provided for minimum terms and conditions, incorporated fair dispute resolution processes, and was negotiated in a manner consistent with procedural fairness.

In light of its findings, the Commission approved the proposed enterprise agreement. The approval was granted on the basis that the agreement complied with the statutory obligations under the Fair Work Act 2009, providing adequate terms and conditions for employees and fair mechanisms for dispute resolution. The Commission's decision was communicated to the parties involved, formalising the agreement as a binding contract between Armest Pty Ltd and the employees covered by the agreement. This outcome ensures that the terms and conditions of employment are governed by the agreed-upon provisions, facilitating a structured and legally compliant working environment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established