DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Armest Pty Ltd T/A Miles Witt Partnership
(AG2019/1536)

BEAUMONT CARE SUPPORT STAFF ENTERPRISE AGREEMENT 2019

Aged care industry
COMMISSIONER BISSETT	MELBOURNE, 9 JULY 2019

Application for approval of the Beaumont Care Support Staff Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Beaumont Care Support Staff Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (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.

[3] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[4] Subject to the Undertakings, 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 Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 July 2019. The nominal expiry date of the Agreement is 30 April 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Armest Pty Ltd T/A Miles Witt Partnership applied to the Fair Work Commission for approval of the Beaumont Care Support Staff Enterprise Agreement 2019. The application concerned the agreement made between Armest and its care support staff. The Fair Work Commission was tasked with determining whether the agreement met the legal standards for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement had been made in good faith, if it contained the required minimum terms and conditions, and if it complied with the procedural requirements for enterprise agreements. Specifically, the Commission needed to ensure that the agreement had been negotiated fairly and that it contained the necessary minimum standards for wages, conditions, and other employment terms.

The Fair Work Commission found that the agreement had been negotiated in good faith and that it included all the required minimum terms and conditions. The Commission also confirmed that the necessary procedural requirements had been met, including the provision of relevant information to employees and the opportunity for them to be represented during negotiations. Based on these findings, the Commission approved the Beaumont Care Support Staff Enterprise Agreement 2019.

The Commission's approval of the agreement signifies that it meets the legal standards for enterprise agreements under the Fair Work Act. This decision ensures that the terms and conditions of employment for care support staff at Miles Witt Partnership are governed by a legally recognised agreement, providing clarity and protection for both the employer and employees.

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