DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Armest Pty Ltd T/A Miles Witt Partnership
(AG2019/2661)

JUBILEE COMMUNITY CARE ENTERPRISE AGREEMENT 2019

Social, community, home care and disability services
COMMISSIONER JOHNS	SYDNEY, 23 SEPTEMBER 2019

Application for approval of the Jubilee Community Care Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Jubilee Community Care Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Armest Pty Ltd T/A Miles Witt Partnership. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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 undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 September 2019. The nominal expiry date of the Agreement is 30 June 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, applied for approval of the Jubilee Community Care Enterprise Agreement 2019. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred around the terms of the proposed enterprise agreement and whether it complied with the requirements of the Fair Work Act 2009. The central legal issues were whether the agreement was genuinely negotiated and if it met the criteria for being considered "in the best interests of the employees."

The Commission began by examining the process of negotiation and whether it adhered to the principles of genuine negotiation. It was found that while there were some procedural irregularities, the overall process was not so flawed as to invalidate the agreement. The Commission also considered whether the agreement was fair and reasonable in the context of the employees' best interests. It found that the terms were not unreasonable or unfair, taking into account the specific circumstances of the enterprise and the industry. The Commission concluded that the agreement was genuinely negotiated and in the best interests of the employees.

As a result, the Commission approved the Jubilee Community Care Enterprise Agreement 2019. The approval was based on the finding that, despite some procedural issues, the agreement met the statutory requirements and was fair and reasonable. The decision ensures that the terms of the agreement will apply to the employees of Armest Pty Ltd, trading as Miles Witt Partnership, from the specified commencement date.

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