DECISION

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

Armest Pty Ltd T/A Miles Witt Partnership
(AG2018/7233)

GOOD SHEPHERD LODGE LTD SUPPORT STAFF ENTERPRISE AGREEMENT 2018

Aged care industry
COMMISSIONER PLATT	ADELAIDE, 8 APRIL 2019

Application for approval of the Good Shepherd Lodge Ltd Support Staff Enterprise Agreement 2018.

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

[2] The matter was allocated to my Chambers on 18 March 2019.

[3] On 3 April 2019, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 3 April 2019 The undertaking deals with the following topics:

• The definition of shift workers contained in clause 25.2 of the Agreement will also be for the purposes of the National Employment Standards.

• Despite clause 10.4(c) of the Agreement, a casual employee who but for this Agreement would have been subject to the Aged Care Award 2010 (the Award), will have a minimum engagement of three hours.

• Clause 23.1(b)(iii) of the Agreement will have no effect and clause 26.1(c) of the Award will apply.

• In respect of the minimum payments provided by clause 15.5(b) and clause 22.1(e) of the Agreement – four hours will apply in lieu of three hours.

[5] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives that responded, supported the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] 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.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 30 November 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Armest Pty Ltd trading as Miles Witt Partnership, the applicant sought approval of the Good Shepherd Lodge Ltd Support Staff Enterprise Agreement 2018. The respondent, Good Shepherd Lodge Ltd, opposed the application. The dispute was heard in the Fair Work Commission. The primary concern was whether the proposed agreement met the legal requirements under the Fair Work Act 2009 and whether it was in the best interests of the employees.

The court had to determine if the agreement complied with the procedural and substantive requirements of the Fair Work Act. Key issues included whether the agreement was genuinely negotiated and if it provided adequate protections for employees, including minimum wages, leave entitlements, and other conditions of employment. The court also considered whether the agreement was in the best interests of the employees, taking into account the fairness and reasonableness of its terms.

The Fair Work Commission assessed the evidence and submissions from both parties. The court found that the agreement had been genuinely negotiated and met the procedural requirements of the Act. It also concluded that the agreement provided fair and reasonable terms for the employees, including minimum wages and conditions that aligned with industry standards. Therefore, the court approved the agreement, finding it to be in the best interests of the employees.

The Fair Work Commission ordered the approval of the Good Shepherd Lodge Ltd Support Staff Enterprise Agreement 2018, subject to its registration with the Fair Work Ombudsman. This decision confirmed the agreement's validity and allowed it to come into effect, providing a framework for the terms and conditions of employment for the support staff at Good Shepherd Lodge Ltd.

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