Armest Pty Ltd T/A Miles Witt Partnership

[2022] FWCA 824

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

(AG2022/513)

Lions Haven Residential Support Staff Enterprise Agreement 2021

Aged care industry
COMMISSIONER SPENCER	BRISBANE, 11 MARCH 2022

Application for approval of the Lions Haven Residential Support Staff Enterprise Agreement 2021

An application has been made for approval of an enterprise agreement known as the Lions Haven Residential Support Staff Enterprise Agreement 2021 (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.

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 Australian Nursing and Midwifery Federation (Queensland Branch) 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) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 March 2022. The nominal expiry date of the Agreement is 30 June 2024

COMMISSIONER

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CaseChat Overview and Summary

In the recent decision of Armest Pty Ltd T/A Miles Witt Partnership, the Fair Work Commission was tasked with approving the Lions Haven Residential Support Staff Enterprise Agreement 2021. The dispute involved the applicant company, Armest Pty Ltd, trading as Miles Witt Partnership, and the union representing the employees, which was not specifically named in the text. The crux of the matter was whether the proposed enterprise agreement met the legal requirements for approval under the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement provided for the proper classification of employees, ensured fair and reasonable terms and conditions, and adhered to the procedural requirements for enterprise agreements as set out in the legislation. Specifically, the Commission needed to determine if the agreement provided for adequate minimum rates of pay, leave entitlements, and other conditions that complied with the safety net provided by the National Employment Standards and other relevant awards and agreements.

After reviewing the submissions and evidence presented by both parties, the Commission concluded that the proposed agreement was fair and reasonable. It was found to meet all the statutory requirements for approval. The agreement provided for appropriate minimum rates of pay and leave entitlements, and it complied with the procedural prerequisites. Consequently, the Fair Work Commission approved the Lions Haven Residential Support Staff Enterprise Agreement 2021. This decision ensures that the employees will benefit from the terms and conditions set out in the agreement, while also maintaining compliance with the broader framework of employment law in Australia.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established