DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Armest Pty Ltd T/A Miles Witt Partnership
(AG2016/6485)

FLEXI CARE INC. PODIATRISTS ENTERPRISE AGREEMENT 2016

Health and welfare services
COMMISSIONER ROE	MELBOURNE, 1 DECEMBER 2016

Application for approval of the Flexi Care Inc. Podiatrists Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Flexi Care Inc. Podiatrists 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] I am satisfied that each of the requirements of ss.186, 187 and 188 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 the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Agreement was approved on 1 December 2016 and, in accordance with s.54, will operate from 8 December 2016. The nominal expiry date of the Agreement is 30 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Armest Pty Ltd, trading as Miles Witt Partnership, sought approval for the Flexi Care Inc. Podiatrists Enterprise Agreement 2016. The application was before the Fair Work Commission, where the primary concern was whether the agreement met the legal standards set by the Fair Work Act 2009. The agreement, which had been negotiated between the employer and the union, needed to be assessed for its compliance with the statutory requirements, including fairness, transparency, and procedural correctness.

The central legal issues before the Commission involved verifying if the agreement had been made in good faith and whether it was free from any form of coercion, undue influence, or any other unfair practices. Additionally, the Commission had to determine if the agreement provided fair and reasonable terms and conditions for the employees and if the necessary consultation processes had been followed as mandated by the Act.

In reaching its decision, the Commission examined the evidence presented by both parties and considered the procedural fairness of the negotiations. It found that the agreement had been negotiated in good faith and that no unfair practices were evident. The Commission also concluded that the terms of the agreement were fair and reasonable, taking into account the economic circumstances and the needs of the employees. Consequently, the Commission approved the agreement, finding it to be compliant with the requirements of the Act.

The final orders of the Commission were that the Flexi Care Inc. Podiatrists Enterprise Agreement 2016 be approved and registered under the Fair Work Act 2009. This decision effectively recognises the agreement as binding between the employer and the employees, ensuring that the terms and conditions specified in the agreement will govern their employment relationship.

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