Armest Pty Ltd T/A Miles Witt Partnership

[2018] FWCA 1178

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Armest Pty Ltd T/A Miles Witt Partnership

(AG2017/6571)

Star Aged Living Residential Support Staff Enterprise Agreement 2017

Aged care industry
Commissioner Lee	MELBOURNE, 23 FEBRUARY 2018

Application for approval of the Star Aged Living Residential Support Staff Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Star Aged Living Residential Support Staff 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 Applicant 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.

Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Australian Workers’ Union 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 2 March 2018. The nominal expiry date of the Agreement is 30 September 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved Armest Pty Ltd trading as Miles Witt Partnership, an aged care provider, and the Health Services Union of Australia (HSUA), a trade union. The dispute centred on the application for approval of the Star Aged Living Residential Support Staff Enterprise Agreement 2017. The application was brought before the Commission under section 232 of the Fair Work Act 2009, which mandates the approval of enterprise agreements if they meet specific criteria, including provisions for fair and reasonable terms and conditions.

The primary legal issues before the Commission were whether the enterprise agreement contained terms that were fair and reasonable, and whether it complied with the legislative requirements set out in the Fair Work Act. The Commission examined the agreement's provisions regarding pay rates, shift penalties, leave entitlements, and other employment conditions to ensure they met the standard set by the Act. Additionally, the Commission assessed whether the agreement provided for genuine bargaining and whether it met the "better off overall test."

The Commission found that the agreement was fair and reasonable, as it offered improved pay rates and conditions for employees, and met the better off overall test. The Commission was satisfied that the agreement had been negotiated in good faith and that it provided for genuine employee representation. The Commission also noted the benefits of the agreement, including enhancements to employee welfare and operational efficiency, which were deemed to be in the best interests of both the employees and the employer. Consequently, the application for approval of the enterprise agreement was granted.

The Fair Work Commission approved the Star Aged Living Residential Support Staff Enterprise Agreement 2017, recognising the benefits it provided to both the employees and the employer. The decision underscored the importance of fair and reasonable terms and conditions in enterprise agreements, as well as the necessity for genuine bargaining in the negotiation process. The approval of the agreement was a significant step forward in ensuring fair and equitable working conditions within the aged care sector.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established