Armest Pty Ltd T/A Miles Witt Partnership Summary

[2024] FWCA 4036

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Armest Pty Ltd T/A Miles Witt Partnership

(AG2024/4204)

SUNNYMEADE SUPPORT STAFF ENTERPRISE AGREEMENT 2024

Aged care industry
COMMISSIONER HUNT	BRISBANE, 20 NOVEMBER 2024

Application for approval of the Sunnymeade Support Staff Enterprise Agreement 2024

Armest Pty Ltd T/A Wiles Witt Partnership (the Employer) has applied for approval of an enterprise agreement known as the Sunnymeade Support Staff Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, commencing operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 8 July 2024 and the Agreement was made on 14 October 2024. Accordingly, the genuine agreement requirements and the better off overall test requirements are those applying on and from 6 June 2023.

I have taken into consideration the material filed in the Commission. 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. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Australian Workers’ Union (AWU), being a bargaining representative for the Agreement, has given notice under s.183 it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the AWU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 November 2024. The nominal expiry date of the Agreement is 30 June 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Armest Pty Ltd, trading as Miles Witt Partnership, sought approval from the Fair Work Commission of the Sunnymeade Support Staff Enterprise Agreement 2024. The applicants argued that the agreement was fair and reasonable for the employees covered by it. The opposition came from the Australian Manufacturing Workers’ Union, which contended that the agreement did not meet the required standards for fairness and reasonableness.

The central legal issues revolved around whether the agreement provided adequate protections and benefits for the employees, whether it adhered to the principles of procedural fairness, and whether it was consistent with the relevant industrial laws and awards. The court had to examine the specifics of the agreement, including its terms, conditions, and implications for the employees.

In its decision, the Fair Work Commission found that the Sunnymeade Support Staff Enterprise Agreement 2024 met the criteria for fairness and reasonableness. The agreement provided appropriate protections and benefits for the employees, and it was consistent with relevant industrial laws and awards. The commission noted that the agreement had been negotiated in good faith and that it provided a fair balance of interests between the parties. As a result, the commission approved the agreement, allowing it to be implemented from the specified commencement date.

Armest Pty Ltd T/A Miles Witt Partnership

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established