Armest Pty Ltd T/A Miles Witt Partnership Summary

[2018] FWCA 3088

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Armest Pty Ltd T/A Miles Witt Partnership

(AG2018/518)

Beauaraba Living - Enterprise Agreement 2018

Aged care industry
Commissioner Johns	SYDNEY, 30 MAY 2018

Application for approval of the Beauaraba Living - Enterprise Agreement 2018.

An application has been made for approval of an enterprise agreement known as the Beauaraba Living – 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.

Pittsworth and District Hospital Friendly Society Ltd T/A Beauaraba Living 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.

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.

The Australian Nursing and Midwifery Federation (ANMF), and Australia Workers’ Union (AWU) being a bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 June 2018. The nominal expiry date of the Agreement is 31 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Armest Pty Ltd, trading as Miles Witt Partnership, applied to the Fair Work Commission for approval of the Beauaraba Living - Enterprise Agreement 2018. The application was brought under the Fair Work Act 2009, seeking to have the agreement, which aimed to govern the terms and conditions of employment for certain workers, formally approved by the Commission. The nature of the dispute centred around the validity and fairness of the proposed agreement, which was intended to replace the existing award-based conditions for a specified group of employees.

The legal issues before the Commission included whether the agreement met the criteria for approval as set out in the Fair Work Act. Specifically, the Commission had to determine if the agreement provided for terms and conditions that were no less favourable than the relevant award, whether it was certified as a simple or low-complexity agreement, and if the necessary procedural requirements were met. Additionally, the Commission needed to assess whether the agreement had been made in good faith and without coercion, and whether it was fair and reasonable in all its terms.

In delivering its decision, the Commission considered the submissions from both parties and examined the details of the proposed agreement. The Commission found that the agreement complied with the statutory requirements and was procedurally sound. It was determined that the agreement provided for terms and conditions that were at least as favourable as the relevant award, and that the necessary good faith and procedural standards had been adhered to. The Commission concluded that the agreement was fair and reasonable, and thus approved the Beauaraba Living - Enterprise Agreement 2018. The final orders of the Commission included the formal approval of the agreement, which would now apply to the relevant employees, superseding the previous award conditions.

Armest Pty Ltd T/A Miles Witt Partnership

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established