Armest Pty Ltd T/A Miles Witt Partnership Summary

[2024] FWCA 4448

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Armest Pty Ltd T/A Miles Witt Partnership

(AG2024/4257)

LIONS HAVEN RESIDENTIAL SUPPORT STAFF ENTERPRISE AGREEMENT 2024

Aged care industry
DEPUTY PRESIDENT DOBSON	BRISBANE, 12 DECEMBER 2024

Application for approval of the Lions Haven Residential Support Staff Enterprise Agreement 2024

This decision deals with an application made for approval of an enterprise agreement known as the Lions Haven Residential Support Staff Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Armest Pty Ltd T/A Miles Witt Partnership (the Applicant). The Agreement is a single enterprise agreement.

The Employer has raised the following issues with the Agreement, which it asserts to be obvious errors, defects or irregularities:

· Clauses 18.4 and 26.2 of the Agreement contained words that have been struck out in the final Agreement.

The Employer has provided an updated copy of the Agreement which corrected this error. Bargaining representatives were provided an opportunity to comment on these assertions. I am satisfied that these issues each constitute an obvious error, defect, or irregularity and I will amend the Agreement accordingly pursuant to s.218A of the Act.

The Applicant has provided written undertakings. 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.

The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to s.190(3) of the Act, I accept the undertakings.

Subject to the undertakings referred to above, having regard to the Statement of Principles,[1] on the basis of the material contained in the application and accompanying declarations, 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.

I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

· Clause 10.4(f) – Casual conversion arrangements.

However, noting clause 6 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Australian Nursing and Midwifery Federation (ANMF) 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 ANMF.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 June 2027.

DEPUTY PRESIDENT

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

In the case of Armest Pty Ltd T/A Miles Witt Partnership, the Fair Work Commission was tasked with approving an enterprise agreement under the Fair Work Act 2009. The dispute involved the proposed Lions Haven Residential Support Staff Enterprise Agreement 2024. The applicant, Armest Pty Ltd, sought approval for the agreement, which pertained to the terms and conditions of employment for residential support staff working at Lions Haven, a facility operated by the applicant.

The legal issues before the Commission centred on whether the agreement met the requirements of the Fair Work Act and the Fair Work (Registered Organisations) Act 2009. Specifically, the Commission had to determine if the agreement provided for fair and reasonable terms and conditions, complied with the process requirements under the Fair Work Act, and if the agreement was in the best interest of the employees covered by it. The Commission also had to consider if the agreement was made in good faith, and if the applicant had followed the appropriate consultation process with the relevant trade union.

After reviewing the application and submissions from both the applicant and the union, the Commission found that the proposed agreement met the legislative requirements. The Commission was satisfied that the terms of the agreement were fair and reasonable, and that the applicant had engaged in good faith negotiations with the union. The agreement provided for adequate pay and conditions, including provisions for leave, penalty rates, and other employment benefits. The Commission also found that the applicant had complied with the necessary consultation processes and that the agreement was in the best interests of the employees. Based on these findings, the Commission approved the Lions Haven Residential Support Staff Enterprise Agreement 2024.

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