DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Armest Pty Ltd T/A Miles Witt Partnership
(AG2017/3009)

FRANCIS OF ASSISI SUPPORT STAFF ENTERPRISE AGREEMENT 2017

Aged care industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 13 OCTOBER 2017

Application for approval of the Francis of Assisi Support Staff Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Francis of Assisi 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.

[2] 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 October 2017. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Armest Pty Ltd, trading as Miles Witt Partnership, applied for the approval of the Francis of Assisi Support Staff Enterprise Agreement 2017. The application was before the Fair Work Commission. The agreement in question was intended to govern the employment terms of support staff at the Francis of Assisi facility. The application was contested by the Catholic Education Diocese of Parramatta, which argued that the proposed agreement did not comply with the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed enterprise agreement met the statutory requirements under the Fair Work Act 2009, specifically whether it contained the minimum terms and conditions as prescribed by law. The Commission had to determine if the agreement provided adequate protections and entitlements for the support staff, including minimum wages, hours of work, leave provisions, and other employment conditions. Additionally, the Commission examined whether the agreement was made in good faith and followed the necessary procedural requirements for its approval.

In delivering the decision, the Commission examined the contents of the proposed agreement against the legal standards set out in the Fair Work Act. The Commission found that the agreement did not adequately address several critical aspects of the employees' working conditions, particularly regarding the minimum wage rates and leave entitlements. The Commission also noted that the procedural requirements for the agreement's approval were not fully complied with, as the necessary consultation processes with the affected employees were not adequately documented. Consequently, the Commission rejected the application for approval, emphasising the need for compliance with statutory obligations and procedural fairness.

The Commission's final orders were that the proposed enterprise agreement did not meet the necessary legal standards and procedural requirements for approval under the Fair Work Act 2009. The application was dismissed, and the agreement was not approved. The Commission directed the parties to address the identified deficiencies and resubmit the agreement for consideration once the necessary compliance and procedural issues were rectified.

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