DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Armest Pty Ltd T/A Miles Witt Partnership
(AG2017/995)

RPC CARE MANAGEMENT - SUPPORT STAFF ENTERPRISE AGREEMENT 2017

Aged care industry
COMMISSIONER LEE	MELBOURNE, 27 APRIL 2017

Application for approval of the RPC Care Management - Support Staff Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the RPC Care Management - 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 4 May 2017. The nominal expiry date of the Agreement is 31 January 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Armest Pty Ltd, trading as Miles Witt Partnership, sought approval of the RPC Care Management - Support Staff Enterprise Agreement 2017 from the Fair Work Commission. The application was brought before the Commission to determine whether the agreement met the necessary criteria for endorsement under the Fair Work Act 2009. The Commission needed to assess the agreement's compliance with procedural and substantive fairness requirements.

The central legal issue was whether the enterprise agreement was appropriately certified and if it adhered to the standards set forth in the Fair Work Act. This involved verifying if the agreement was made in good faith and if it included essential minimum terms. The Commission also had to consider if the agreement was fairly negotiated and if it was consistent with the relevant industrial instruments and awards.

In delivering its decision, the Commission found that the agreement was certified by an authorised officer and met all the procedural requirements. The Commission examined the evidence presented regarding the negotiation process and determined that the agreement was made in good faith. Additionally, the Commission considered the agreement's provisions against the essential minimum terms and found them to be adequate. The agreement was also deemed consistent with relevant awards and industrial instruments. Consequently, the Commission approved the enterprise agreement.

The Fair Work Commission approved the RPC Care Management - Support Staff Enterprise Agreement 2017, confirming its compliance with the statutory requirements. The Commission's decision was based on the procedural correctness of the agreement, its negotiation in good faith, and its alignment with essential minimum terms and industrial standards. The approval allows the agreement to take effect and govern the employment conditions of the relevant staff.

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