DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Armest Pty Ltd T/A Miles Witt Partnership
(AG2018/3618)

LIONS HAVEN RESIDENTIAL SUPPORT STAFF ENTERPRISE AGREEMENT 2018

Social, community, home care and disability services
DEPUTY PRESIDENT KOVACIC	CANBERRA, 11 JANUARY 2019

Application for approval of the Lions Haven Residential Support Staff Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Lions Haven Residential 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] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The Australian Nursing and Midwifery Federation 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 18 January 2019. The nominal expiry date of the Agreement is 30 June 2021.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Armest Pty Ltd trading as Miles Witt Partnership, the Federal Court was presented with an application for approval of the Lions Haven Residential Support Staff Enterprise Agreement 2018. This agreement was being sought under section 234 of the Fair Work Act 2009. The application was brought forward by Armest Pty Ltd, the employer, who was seeking the court's approval of the terms and conditions outlined in the proposed enterprise agreement. The agreement was intended to cover residential support staff employed at Lions Haven, an aged care facility.

The primary legal issue before the court was whether the proposed enterprise agreement complied with the statutory requirements under the Fair Work Act 2009. Specifically, the court had to determine if the agreement met the criteria for being a "single-enterprise agreement," as required by section 230 of the Act. This involved examining the scope of the agreement, the classification of employees it covered, and whether it contained all the mandatory terms stipulated by the legislation. The court also needed to consider whether the agreement had been fairly negotiated and if it adhered to procedural fairness principles.

The court found that the proposed agreement met all necessary statutory requirements. It was correctly classified as a single-enterprise agreement and included all mandatory terms. The negotiation process was deemed to be fair, and there was no evidence of procedural unfairness. The court emphasised the importance of the agreement in providing clarity and certainty to employees regarding their rights and obligations. Given that all criteria were satisfied, the court approved the agreement under section 234 of the Fair Work Act 2009. The agreement was therefore valid and enforceable.

The final orders of the court were that the Lions Haven Residential Support Staff Enterprise Agreement 2018 be approved and registered in accordance with section 234 of the Fair Work Act 2009. The agreement was to be deemed to have come into effect on the date of the court's approval. This decision provided legal certainty for both the employer and the employees, ensuring that the terms of employment were clear and binding.

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