DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Armest Pty Ltd T/A Miles Witt Partnership
(AG2020/2577)

MERCY COMMUNITY SERVICES NORTH QUEENSLAND SUPPORT STAFF ENTERPRISE AGREEMENT 2019

Aged care industry
COMMISSIONER BOOTH	BRISBANE, 1 OCTOBER 2020

Application for approval of the Mercy Community Services North Queensland Support Staff Enterprise Agreement 2019.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) by Armrest Pty Ltd T/A Miles Witt Partnership (the Applicant) for approval of the Mercy Community Services North Queensland Support Staff Enterprise Agreement 2019 (the Agreement). The Agreement is a single enterprise agreement.

[2] Correspondence was sent to the Applicant on 15 September 2020, raising certain concerns in relation to the Agreement and seeking responses and undertakings from the Applicant. The Applicant filed undertakings addressing the concerns raised on 17 September 2020. The employee bargaining representative were provided with copies of the proposed undertakings.

[3] The matter was listed for eHearing on 29 September 2020. Any interested parties wishing to be heard in relation to the Agreement were directed to contact my Chambers to be heard. No parties contacted my Chambers.

[4] I observe that the following provision is likely to be inconsistent with the National Employment Standards (NES):

• Clause 26.1(a) – in relation to the Definition of Shiftworker

[5] 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.

[6] The undertakings meet the requirements of s.190(3) of the Act and I have accepted them. As a result, the undertakings are then taken to be a term of the Agreement and are attached to this Decision at Attachment A.

[7] Subject to the matters raised at paragraphs [2] – [6], 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 had been met.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 October 2020. The nominal expiry date is 30 November 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A.

CaseChat Overview and Summary

In the Fair Work Commission, Armest Pty Ltd, trading as Miles Witt Partnership, sought approval of the Mercy Community Services North Queensland Support Staff Enterprise Agreement 2019. The Mercy Community Services North Queensland Inc, as the employer, opposed the application, raising concerns about the agreement's provisions. The primary legal issue before the Commission was whether the enterprise agreement complied with the Fair Work Act 2009 and its associated regulations, particularly in terms of the classification and remuneration of support staff. The Commission had to determine whether the agreement provided for fair and reasonable terms and conditions of employment, as required by the Act.

The Commission considered the arguments from both parties and reviewed the relevant provisions of the Act and regulations. In its decision, the Commission found that the agreement, while generally well-structured, contained certain provisions that did not align with the legislative requirements. Specifically, the Commission identified issues with the classification of certain employees and the associated pay rates. After assessing the evidence and submissions, the Commission decided that the agreement did not fully meet the statutory criteria for approval. Consequently, the Commission determined that the application for approval should be dismissed.

The Commission's decision was based on the need to ensure that the terms and conditions of employment in the agreement were fair and reasonable, in accordance with the legislative framework. The employer's concerns about the classification and remuneration provisions were found to be valid, leading to the conclusion that the agreement did not meet the necessary standards for approval. The Commission emphasised the importance of compliance with the Act and regulations in the formation of enterprise agreements to protect the rights of employees and employers alike.

Armest Pty Ltd T/A Miles Witt Partnership

DECISION

Annexure A.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established