Armest Pty Ltd T/A Miles Witt Partnership

[2019] FWCA 5977

[2019] FWCA 5977

FAIR WORK COMMISSION

DECISION

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

Armest Pty Ltd T/A Miles Witt Partnership
(AG2019/2631)

SUNNYMEADE SUPPORT STAFF ENTERPRISE AGREEMENT 2019

Aged care industry
COMMISSIONER BOOTH	BRISBANE, 28 AUGUST 2019

Application for approval of the Sunnymeade Support Staff Enterprise Agreement 2019.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) by Armest Pty Ltd T/A Miles Witt Partnership (the Applicant) for approval of Sunnymeade Support Staff Enterprise Agreement 2019 (the Agreement). The Employer covered by the Agreement is Jomal Pty Ltd T/A Sunnymeade Park Aged Care Community (the Employer). The Agreement is a single enterprise agreement.

[2] Correspondence was sent to the Applicant, the Employer and the bargaining representatives on 12 August 2019, raising a number of concerns in relation to the Agreement.

[3] The Applicant provided undertakings signed on 16 August 2019 to Chambers on 20 August 2019, addressing the concerns raised.

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

[5] Subject to the undertakings provided, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[6] The Australian Workers’ Union (AWU) filed a Form F18 in this matter, advising that it supports approval of the Agreement by the Commission, and providing notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(1), I note that the Agreement covers the AWU.

[7] The Agreement is approved and, in accordance with s.54 of the Act and clause 2 of the Agreement, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 30 June 2022.

COMMISSIONER

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<AE505046  PR711762>

Attachment A