DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Armest Pty Ltd T/A Miles Witt Partnership
(AG2017/564)

HILL VIEW AGED CARE OPERATIONAL STAFF ENTERPRISE AGREEMENT 2016

Aged care industry
COMMISSIONER GREGORY	MELBOURNE, 5 APRIL 2017

Application for approval of the Hill View Aged Care Operational Staff Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Hill View Aged Care Operational Staff Enterprise Agreement 2016 (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 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 April 2017. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Armest Pty Ltd, trading as Miles Witt Partnership, applied to the Fair Work Commission for approval of the Hill View Aged Care Operational Staff Enterprise Agreement 2016. The application arose from negotiations between the employer and the union representing the employees, with a focus on the terms and conditions of employment for operational staff in aged care facilities. The nature of the dispute centred on whether the proposed agreement met the legal requirements for enterprise agreements under the Fair Work Act 2009.

The key legal issues the court had to address included whether the agreement was genuinely negotiated, whether it complied with the procedural requirements outlined in the Fair Work Act, and if the agreement met the provisions for minimum entitlements as specified under the law. The court also needed to ensure that the agreement did not contain any terms that were contrary to public policy or that would undermine the purpose of the Fair Work Act.

In examining these issues, the court found that the agreement had been genuinely negotiated between the parties and adhered to the procedural requirements of the Fair Work Act. The court determined that the agreement contained all necessary provisions for minimum entitlements and did not include any terms that contravened public policy. The court concluded that the agreement was fair and reasonable, taking into account the specific circumstances of the employees and the operational needs of the employer. Consequently, the court approved the application for the agreement's registration.

The final orders of the court included the approval and registration of the Hill View Aged Care Operational Staff Enterprise Agreement 2016, affirming its validity and enforceability under the Fair Work Act. The decision underscored the importance of ensuring that enterprise agreements balance the interests of both employers and employees while adhering to statutory requirements.

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