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, 24 DECEMBER 2019

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 it wants 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] 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 31 December 2019. 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 T/A Miles Witt Partnership recently appeared before the Fair Work Commission, seeking approval of a proposed enterprise agreement. The respondents, who were employees of the company, had raised objections to certain aspects of the agreement, leading to this legal dispute. The nature of the dispute centred around the fairness and compliance of the proposed agreement with the relevant industrial and legislative frameworks.

The central legal issues before the Commission were whether the proposed agreement was fair and appropriate, and if it met the necessary requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to consider if the agreement provided for fair remuneration and conditions, and if it complied with the provisions for special circumstances and unfair dismissal protections. Furthermore, the Commission needed to assess whether the agreement met the requirements for good faith bargaining and if it was consistent with the overarching objectives of the Fair Work Act.

The Commission, in its decision, meticulously reviewed the proposed agreement against the legislative criteria. It was noted that the agreement addressed remuneration, leave provisions, and other employment conditions in a manner consistent with industry standards. The Commission found that the agreement did not unfairly disadvantage the employees and provided for adequate protections. Furthermore, it was determined that the bargaining process was conducted in good faith, and the agreement was made without coercion, duress or undue influence. Consequently, the Commission approved the proposed enterprise agreement, finding it to be fair and appropriate under the relevant legislative framework. The decision affirmed that the agreement met all necessary requirements for approval.

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