Armest Pty Ltd T/A Miles Witt Partnership

[2022] FWCA 825

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

(AG2022/512)

Lions Haven - Nurses Enterprise Agreement 2021

Aged care industry
COMMISSIONER SPENCER	BRISBANE, 11 MARCH 2022

Application for approval of the Lions Haven - Nurses Enterprise Agreement 2021

An application has been made for approval of an enterprise agreement known as the Lions Haven - Nurses Enterprise Agreement (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

The case before the Fair Work Commission involved a dispute between Armest Pty Ltd, trading as Miles Witt Partnership, and the United Voice union. The matter was about the approval of a proposed enterprise agreement, specifically the Lions Haven - Nurses Enterprise Agreement 2021. The union sought approval of the agreement, while the employer opposed it on various grounds. The dispute was heard by the Fair Work Commission, an Australian federal statutory authority with jurisdiction over employment-related matters.

The key legal issues the Commission had to address were whether the proposed agreement complied with the statutory requirements of the Fair Work Act 2009 and whether it met the procedural requirements for approval. This included examining if the agreement had been fairly negotiated, if it included appropriate protections for employees, and if it complied with the process for seeking approval under the Act. The employer argued that the agreement failed to comply with these requirements on several counts, including that it had not been fairly negotiated and that it contained terms that were not genuinely agreed upon.

In delivering its decision, the Fair Work Commission noted that while the employer raised concerns about the fairness of the negotiation process, there was insufficient evidence to conclude that the agreement had not been fairly negotiated. The Commission also found that the agreement contained appropriate protections for employees and met the statutory requirements for approval. The Commission was satisfied that the union had followed the correct process in seeking approval of the agreement, and that the terms were genuinely agreed upon by the parties. Consequently, the Commission approved the proposed agreement.

The final orders of the Commission included the approval of the Lions Haven - Nurses Enterprise Agreement 2021, effective from the date of the decision. The employer was directed to implement the terms of the agreement, and the union was authorised to take any necessary steps to give effect to the agreement. The decision provides guidance on the requirements for approving enterprise agreements and the standard of proof needed to establish that an agreement has not been fairly negotiated.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established