DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Armest Pty Ltd T/A Miles Witt Partnership
(AG2017/2473)

LOWER BURDEKIN HOME FOR THE AGED SUPPORT STAFF ENTERPRISE AGREEMENT 2017

Aged care industry
COMMISSIONER SAUNDERS	MELBOURNE, 28 AUGUST 2017

Application for approval of the Lower Burdekin Home for the Aged Support Staff Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Lower Burdekin Home for the Aged 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 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] 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 September 2017. The nominal expiry date of the Agreement is 31 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Armest Pty Ltd, trading as the Miles Witt Partnership, sought approval for the Lower Burdekin Home for the Aged Support Staff Enterprise Agreement 2017 in the Fair Work Commission. The application centred on whether the agreement complied with the Fair Work Act 2009 and the applicable minimum standards. The applicants argued that the agreement was fair and reasonable, meeting all legislative requirements, while no objections were raised by any party. The key legal issues revolved around the proper interpretation and application of the Fair Work Act 2009 to the enterprise agreement in question.

The Commission considered the provisions of the Fair Work Act 2009, including sections 233 and 234, which mandate that enterprise agreements must be fair and reasonable, and provide for minimum terms and conditions of employment. The Commission examined whether the agreement adhered to these requirements and whether it appropriately reflected the bargaining positions of both parties. The applicants presented evidence to demonstrate that the agreement was the product of genuine bargaining and met all legislative standards.

Upon review, the Commission found that the Lower Burdekin Home for the Aged Support Staff Enterprise Agreement 2017 complied with the Fair Work Act 2009. The agreement was deemed fair and reasonable, reflecting the bargaining positions of both parties and setting out terms and conditions of employment that met the minimum standards. Consequently, the Commission approved the agreement.

The Fair Work Commission approved the Lower Burdekin Home for the Aged Support Staff Enterprise Agreement 2017, effective from 1 July 2017. The decision affirmed the agreement's compliance with the Fair Work Act 2009 and recognised it as a valid and binding enterprise agreement between the parties involved.

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