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

Printed by authority of the Commonwealth Government Printer

Attachment A

CaseChat Overview and Summary

Armest Pty Ltd, trading as Miles Witt Partnership, applied to the Fair Work Commission for approval of the Sunnymeade Support Staff Enterprise Agreement 2019. The agreement sought to cover certain employees, including those in support roles within the company's Sunnymeade facility. The dispute arose when objections were raised regarding the content and scope of the proposed agreement.

The central legal issue before the Commission was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. This involved determining if the agreement complied with the Act's provisions concerning minimum entitlements, the role of independent experts, and the process for resolving disputes. Additionally, the Commission had to consider whether the agreement was genuinely negotiated and if it adequately protected the interests of the employees covered by it.

In examining the application, the Commission found that the agreement contained provisions that complied with the minimum entitlements specified by the Act. The Commission noted that the agreement had been subject to independent expert scrutiny, which found no significant issues. The proposed dispute resolution process was deemed adequate, as it included both internal and external mechanisms. The Commission concluded that the agreement was genuinely negotiated and fairly represented the interests of the employees. Consequently, the application for approval was successful, and the agreement was registered.

The Fair Work Commission approved the Sunnymeade Support Staff Enterprise Agreement 2019 and ordered its registration. This decision ensures that the agreement now governs the employment conditions of the specified employees, subject to the terms and protections outlined in the Fair Work Act.

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