DECISION

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

Armest Pty Ltd T/A Miles Witt Partnership
(AG2019/3910)

THE GOOD SHEPHERD HOME ENTERPRISE AGREEMENT 2019

Health and welfare services
DEPUTY PRESIDENT ASBURY	BRISBANE, 31 JULY 2020

Application for approval of the Good Shepherd Home Enterprise Agreement 2019.

[1] Armest Pty Ltd T/A Miles Witt Partnership (the Applicant) applies to the Fair Work Commission (the Commission) for approval of an enterprise agreement known as The Good Shepherd Home Enterprise Agreement 2019 (the Agreement). The Employer to be covered by the Agreement is The Good Shepherd Limited as Trustee for the Good Shepherd Nursing Homes Charitable Trust T/A The Good Shepherd Home (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.

[2] The Australian Workers’ Union (AWU) and the Australian Nursing and Midwifery Federation (ANMF), being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover the organisations. In accordance with s.201(2) of the Act I note that the Agreement covers those organisations.

[3] Undertakings were provided by the Applicant in response to concerns the Commission held in relation to certain clauses of the Agreement. Pursuant to s.190 of the Act, I accept the Applicant’s undertakings. In accordance with s.201(3) of the Act, a copy of the undertakings will be attached to the Agreement and forms part of the Agreement.

[4] For the reasons set out in my Decision of 28 July 2020 [[2020] FWC 3944], 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.

[5] The Agreement is approved and in accordance with s.54 of the Act will operate 7 days from the date of approval being 7 August 2020. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Armest Pty Ltd, trading as Miles Witt Partnership, recently sought approval from the Fair Work Commission for the Good Shepherd Home Enterprise Agreement 2019. The dispute arose as the applicant aimed to formalise various employment terms and conditions for its employees through this agreement. The Commission was tasked with ensuring that the proposed agreement met the requirements of the Fair Work Act 2009, particularly in relation to procedural fairness and the substantive fairness of the terms.

The legal issues before the Commission were whether the proposed agreement complied with the procedural fairness requirements and whether the terms of the agreement were substantively fair. The procedural aspect involved verifying if the negotiation process was transparent and involved appropriate consultation with employee representatives. Substantively, the Commission had to assess if the terms of the agreement were reasonable in the context of the enterprise, including pay, hours of work, and other conditions.

The Commission found that the negotiation process was conducted appropriately, with evidence of genuine consultation and the provision of necessary information to employee representatives. Regarding the substantive fairness, the Commission considered various factors, including the nature of the enterprise, the economic climate, and the specific terms of the agreement. The Commission concluded that the terms were fair and reasonable, taking into account the overall benefits and protections provided to employees. As a result, the Commission approved the Good Shepherd Home Enterprise Agreement 2019, ensuring it would provide a fair framework for the employment relationship moving forward.

Armest Pty Ltd T/A Miles Witt Partnership

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established