Armest Pty Ltd T/A Miles Witt Partnership

[2018] FWCA 1895

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Armest Pty Ltd T/A Miles Witt Partnership

(AG2017/5995)

Flexi Care Inc Care Providers Enterprise Agreement 2017

Social, community, home care and disability services
Commissioner Saunders	NEWCASTLE, 29 MARCH 2018

Application for approval of the Flexi Care Inc Care Providers Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Flexi Care Inc Care Providers Enterprise Agreement 2017 (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.

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.

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.

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

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.

United Voice 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 April 2018. The nominal expiry date of the Agreement is 8 September 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Armest Pty Ltd, trading as the Miles Witt Partnership, applied to the Fair Work Commission for approval of the Flexi Care Inc Care Providers Enterprise Agreement 2017. The dispute involved whether the agreement met the statutory requirements for enterprise agreements under the Fair Work Act 2009. The matter was heard and determined by the Commission.

The primary legal issues before the Commission were whether the agreement complied with the procedural and substantive requirements set out in the Fair Work Act, particularly in relation to the bargaining process, the content of the agreement, and the manner in which it was presented for approval. The Commission had to assess whether the agreement was genuinely negotiated, whether it adhered to the specified minimum terms and conditions, and whether it was presented in the appropriate form and manner.

The Commission considered the evidence and submissions provided by both parties, including the process by which the agreement was negotiated and the content of the agreement itself. The Commission found that the agreement was genuinely negotiated and met the statutory requirements. The content of the agreement was scrutinised to ensure it did not undermine the minimum terms and conditions and was found to be compliant. The presentation of the agreement was also deemed to be in accordance with the legislative requirements.

Following its analysis, the Commission approved the Flexi Care Inc Care Providers Enterprise Agreement 2017, recognising it as a valid enterprise agreement under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established