DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Armest Pty Ltd T/A Miles Witt Partnership
(AG2018/6010)

GLENELLA CARE SUPPORT STAFF ENTERPRISE AGREEMENT 2018

Aged care industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 12 MARCH 2019

Application for approval of the Glenella Care Support Staff Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Glenella Care Support Staff 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. 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 Health Services Union of Australia 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 March 2019. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Armest Pty Ltd, trading as Miles Witt Partnership, sought approval of the Glenella Care Support Staff Enterprise Agreement 2018. The application was heard in the Fair Work Commission. The primary dispute was over whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. This included ensuring the agreement did not have an adverse effect on employees' wages and conditions and was made in good faith.

The court had to determine if the agreement adhered to the provisions of the Act, particularly focusing on the procedural fairness in the negotiation process and the fairness of the terms themselves. It was crucial to assess whether the agreement was made in good faith and whether it appropriately balanced the interests of both employers and employees. The court also needed to consider whether the agreement met the minimum standards set out in the National Employment Standards.

The Fair Work Commission found that the agreement did not meet the criteria for approval. The decision was based on several procedural shortcomings during the negotiation process and certain terms within the agreement that did not align with the statutory requirements. The court emphasised the importance of procedural fairness and the necessity for agreements to be made in good faith. As a result, the application for approval was dismissed. The Commission's decision was grounded in the need to uphold the principles of fairness and good faith in enterprise bargaining.

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