Armest Pty Ltd T/A Miles Witt Partnership

Armest Pty Ltd T/A Miles Witt Partnership was the subject of an application for the approval of the The Good Shepherd Home Enterprise Agreement 2019. The application was brought before the Fair Work Commission. The applicant, Armest Pty Ltd, sought approval of an enterprise agreement that it had negotiated with the employees of The Good Shepherd Home, a community service organisation.

The primary legal issue before the Commission was whether the enterprise agreement met the requirements of the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was in accordance with the provisions of the Act, including whether it contained the necessary minimum terms and conditions, and if it had been genuinely bargained between the employer and employees. Further, the Commission needed to be satisfied that the agreement had been made in good faith and did not adversely affect employees' job security.

The Commission found that the enterprise agreement did not contain the required minimum terms and conditions, specifically in relation to parental leave. As such, the Commission did not approve the agreement. The Commission noted that the absence of certain minimum entitlements meant that the agreement did not provide fair and effective workplace arrangements. The Commission held that it was not satisfied that the agreement had been genuinely negotiated or that it met the statutory requirements under the Fair Work Act.

In light of its findings, the Commission did not grant approval of the enterprise agreement. The applicant was directed to amend the agreement to include the necessary minimum terms and conditions, and to resubmit the agreement for approval once those changes had been made.