Armest Pty Ltd T/A Miles Witt Partnership

[2024] FWCA 4100

[2024] FWCA 4100

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Armest Pty Ltd T/A Miles Witt Partnership

(AG2024/4038)

AKOORAMAK ENTERPRISE AGREEMENT 2024

Aged care industry
COMMISSIONER HUNT	BRISBANE, 25 NOVEMBER 2024

Application for approval of the Akooramak Enterprise Agreement 2024

1. Armest Pty Ltd T/A Miles Witt Partnership (the Applicant) has applied for approval of an enterprise agreement known as the Akooramak Enterprise Agreement 2024 (the Agreement). Warwick Benevolent Society Inc (Akooramak) (the Employer) is the Employer covered by the Agreement. The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

1. The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, commencing operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 18 August 2023 and the Agreement was made on 29 August 2024. Accordingly, the genuine agreement requirements and the better off overall test requirements are those applying on and from 6 June 2023.

1. The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the Australian Nursing and Midwifery Federation (ANMF) and employee bargaining representatives regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views. No views were received.

1. 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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

1. I have taken into consideration the material filed in the Commission. 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. For the purpose of ss.186(3) and (3A) of the Act, I note that the Agreement covers all of the employees of the Employer.

1. The ANMF, being a bargaining representative for the Agreement, has given notice under s.183 it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the ANMF.

1. 
   The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 December 2024. The nominal expiry date of the Agreement is 30 June 2027.

COMMISSIONER

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Annexure A – Undertakings