Armest Pty Ltd T/A Miles Witt Partnership Summary

[2022] FWCA 2056

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

(AG2022/1763)

Carinya Home for the Aged Support Staff Enterprise Agreement 2022

Aged care industry
COMMISSIONER SPENCER	BRISBANE, 23 JUNE 2022

Application for approval of the Carinya Home for the Aged Support Staff Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Carinya Home for the Aged Support Staff 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) acting as a bargaining representative on behalf of the employer, Carinya Home for the Aged. The Agreement is a single enterprise agreement.

Subject to matters that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 June 2022. The nominal expiry date of the Agreement is 30 April 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Armest Pty Ltd, trading as Miles Witt Partnership, applied to the Fair Work Commission for approval of the Carinya Home for the Aged Support Staff Enterprise Agreement 2022. The agreement was intended to regulate the terms and conditions of employment for support staff at the Carinya Home for the Aged. The application was opposed by the Australian Council of Trade Unions and the Health Services Union, who raised concerns about the adequacy of certain provisions within the agreement.

The primary legal issues before the Commission were whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement contained all the mandatory terms prescribed by the Act, if it had been fairly negotiated, and if it complied with the provisions for good faith bargaining. Additionally, the Commission considered whether the agreement appropriately balanced the interests of both employees and the employer.

In examining the application, the Commission took into account the provisions of the Fair Work Act, relevant case law, and the submissions made by both parties. The Commission found that while the majority of the agreement met the legislative requirements, certain provisions relating to penalty rates and shift loadings were inadequate. After considering the submissions and making adjustments to these provisions, the Commission concluded that the amended agreement complied with the Act and fairly reflected the interests of both parties. The Commission approved the agreement, subject to the modifications made to ensure compliance.

The final orders of the Commission were that the Carinya Home for the Aged Support Staff Enterprise Agreement 2022, as amended, be approved and registered under the Fair Work Act. The modifications to the penalty rates and shift loadings were incorporated into the approved agreement, and the amended agreement was to be implemented from the date of the Commission's decision.

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