Armest Pty Ltd T/A Miles Witt Partnership Summary

[2022] FWCA 729

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Armest Pty Ltd T/A Miles Witt Partnership

(AG2021/9349)

Glenella Care Support Staff Enterprise Agreement 2021

Aged care industry
COMMISSIONER HUNT	BRISBANE, 1 MARCH 2022

Application for approval of the Glenella Care Support Staff Enterprise Agreement 2021

Armest Pty Ltd T/A Miles Witt Partnership has applied for approval of an enterprise agreement known as the Glenella Care Support Staff Enterprise Agreement 2021 (the Agreement) on behalf of Annimaci Pty Ltd T/A Glenella Care (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 Health Services Union (HSU) and the employee bargaining representatives regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views. Three employee bargaining representatives signed the undertakings. No other views were received.

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 HSU 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 HSU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 March 2022. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Armest Pty Ltd T/A Miles Witt Partnership applied for approval of the Glenella Care Support Staff Enterprise Agreement 2021. The Fair Work Commission was tasked with deciding whether the agreement met the necessary standards under the Fair Work Act 2009. The agreement in question was the result of negotiations between the employer and the employees, specifically those classified as care support staff. The employees were represented by the Health Services Union of Australia.

The central legal issue was whether the agreement contained all the mandatory terms required by the Fair Work Act 2009, and whether it was in the best interests of the employees. The Commission had to assess if the agreement complied with the procedural requirements and if it provided for minimum entitlements for the employees. Furthermore, the Commission needed to consider whether the agreement was fairly negotiated and if it provided for the proper classification and payment of employees.

The Fair Work Commission determined that the agreement met the mandatory requirements of the Fair Work Act 2009 and was in the best interests of the employees. The Commission was satisfied that the agreement had been fairly negotiated and provided for minimum entitlements, including rates of pay, leave provisions, and other employment conditions. The Commission noted that the agreement was comprehensive and addressed various aspects of the employees' employment, including classification, pay rates, and other benefits. The Commission was satisfied that the agreement was fair and reasonable, taking into account the needs and interests of both the employer and the employees. As a result, the Commission approved the Glenella Care Support Staff Enterprise Agreement 2021.

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