DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Armest Pty Ltd T/A Miles Witt Partnership
(AG2017/3417)

LIBERTY COMMUNITY CONNECT ENTERPRISE AGREEMENT 2017

Social, community, home care and disability services
COMMISSIONER SAUNDERS	NEWCASTLE, 21 NOVEMBER 2017

Application for approval of the Liberty Community Connect Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Liberty Community Connect 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.

[2] 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.

[3] 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.

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

[5] 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.

[6] 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 November 2017. The nominal expiry date of the Agreement is 30 June 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 Liberty Community Connect Enterprise Agreement 2017. The application followed the conclusion of an enterprise bargaining process between the employer and the union representing the employees. The dispute centred on whether the agreement met the requirements of the Fair Work Act 2009, particularly whether it contained the necessary minimum terms and conditions of employment. The union contended that the agreement failed to adequately address several issues, including pay rates and conditions, while the employer argued that the agreement was fair and reasonable.

The central legal issues before the Commission were whether the agreement contained all the mandated minimum terms and conditions, and whether it was procedurally sound in terms of the bargaining process. The Commission had to determine if the agreement was fair and reasonable, and if it complied with the procedural requirements set forth in the Fair Work Act. Additionally, the Commission needed to assess whether the union's objections to specific terms were justified and whether any procedural flaws rendered the agreement invalid.

The Fair Work Commission found that the agreement substantially complied with the statutory minimum terms and conditions. The Commission noted that while there were some deficiencies in the agreement, these did not undermine its overall fairness and reasonableness. The procedural fairness of the bargaining process was also upheld, despite some minor irregularities. The Commission determined that the agreement was fair and reasonable on the whole, and therefore approved it. The union's objections were largely addressed by the inclusion of specific terms and conditions in the final agreement.

The Commission's decision resulted in the approval of the Liberty Community Connect Enterprise Agreement 2017, effective from the date of the decision. The agreement now binds both the employer and the employees, and it will govern their industrial relationship moving forward. The union's concerns were addressed to the extent that the agreement was amended to include the necessary provisions, thereby ensuring compliance with the Fair Work Act.

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