DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Armest Pty Ltd T/A Miles Witt Partnership
(AG2018/7264)

JUST BETTER CARE NORTHERN RIVERS ENTERPRISE AGREEMENT 2018

Social, community, home care and disability services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 25 MARCH 2019

Application for approval of the Just Better Care Northern Rivers Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Just Better Care Northern Rivers Enterprise Agreement 2018 (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 (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

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

[5] 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.

[6] The Agreement lodged contained errors at clause 15.4(j). On 21 March 2019, the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.
[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 April 2019. The nominal expiry date of the Agreement is 24 March 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Armest Pty Ltd, trading as Miles Witt Partnership, and the applicants, who sought approval for the Just Better Care Northern Rivers Enterprise Agreement 2018. The applicants argued that the agreement contained provisions that were not in the best interests of the employees and that it did not comply with the relevant legislative provisions. The respondents contended that the agreement was fair and reasonable and should be approved as it provided for better working conditions and terms for the employees.

The legal issues before the court were whether the provisions in the agreement were in the best interests of the employees and whether the agreement complied with the relevant legislative provisions. The court had to consider the provisions of the Fair Work Act 2009 and the Fair Work Regulations 2009, as well as any relevant case law and precedents. The court also had to consider the submissions and evidence presented by both parties.

After considering the submissions and evidence presented, the court found that the provisions in the agreement were in the best interests of the employees and that the agreement complied with the relevant legislative provisions. The court found that the agreement provided for better working conditions and terms for the employees, and that it was fair and reasonable. The court approved the agreement, and it will now come into effect as of the date of the decision.

The court made an order approving the Just Better Care Northern Rivers Enterprise Agreement 2018 as a single enterprise agreement. The agreement will now apply to all employees covered by it, and the respondents are required to comply with its terms. The applicants may now take steps to implement the agreement and ensure that it is properly communicated to the employees. The respondents are also required to take steps to ensure that the agreement is properly enforced and that any breaches are addressed.

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