DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Armest Pty Ltd T/A Miles Witt Partnership
(AG2019/1833)

CARINYA HOME FOR THE AGED SUPPORT STAFF ENTERPRISE AGREEMENT 2019

Aged care industry
COMMISSIONER JOHNS	SYDNEY, 28 JUNE 2019

Application for approval of the Carinya Home for the Aged Support Staff Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Carinya Home for the Aged 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] 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 5 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, trading as Miles Witt Partnership, applied to the Fair Work Commission for approval of the Carinya Home for the Aged Support Staff Enterprise Agreement 2019. The agreement in question pertains to the terms and conditions of employment for support staff working at the Carinya Home for the Aged. The application was made under the Fair Work Act 2009, specifically seeking the Commission's endorsement of the proposed agreement. The legal issues before the Commission included whether the agreement complied with the procedural requirements of the Act, if the agreement met the "better off overall test," and if the agreement contained permissible terms under the Fair Work Act.

The Commission examined the procedural aspects of the agreement, ensuring that the necessary consultation and bargaining processes were followed. It was determined that the agreement was formed through genuine and good faith bargaining between the employer and the employees' representatives. The Commission also assessed if the proposed terms were better off overall for the employees compared to their existing conditions, taking into account both direct and indirect benefits. After a detailed analysis, the Commission found that the agreement did indeed meet the better off overall test, as it provided for improved wages and conditions for the support staff. Finally, the Commission considered whether the terms of the agreement were fair and reasonable, and whether they complied with the various legislative provisions. The agreement was found to be within the permissible bounds of the Act.

The Fair Work Commission approved the Carinya Home for the Aged Support Staff Enterprise Agreement 2019, recognising its compliance with the Fair Work Act. The agreement now provides the basis for the employment terms of the support staff at the Carinya Home for the Aged. This decision sets a precedent for similar agreements in the aged care sector and ensures that employees' rights and conditions are properly protected and enhanced through fair and transparent bargaining processes.

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