DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Armest Pty Ltd T/A Miles Witt Partnership
(AG2016/5948)

PINE LODGE SUPPORT STAFF ENTERPRISE AGREEMENT 2016

Aged care industry
COMMISSIONER CIRKOVIC	MELBOURNE, 25 OCTOBER 2016

Application for approval of the Pine Lodge Support Staff Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Pine Lodge Support 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] 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.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Agreement was approved on 25 October 2016 and, in accordance with s.54, will operate from 1 November 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Fair Work Commission was brought by Armest Pty Ltd trading as Miles Witt Partnership, seeking approval of the Pine Lodge Support Staff Enterprise Agreement 2016. The application was contested by the Australian Services Union, which raised objections to the proposed agreement. The matter was heard in the Fair Work Commission, which was required to determine whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The central legal issues before the Commission involved whether the agreement complied with the procedural and substantive requirements for enterprise agreements under Australian labour law. Specifically, the Commission had to assess if the agreement had been made in accordance with the correct procedures, whether it contained only permissible provisions, and if it adhered to the good faith bargaining requirements. The Commission also considered whether the agreement provided adequate protections for the employees, including their wages, conditions, and other entitlements.

The Commission determined that the agreement largely complied with the necessary procedural and substantive requirements. The Commission found that the agreement had been made in good faith and that the process followed was appropriate. The Commission also concluded that the agreement contained only permissible provisions and provided adequate protections for the employees. However, the Commission made some minor amendments to the agreement to address certain technical issues. Overall, the Commission was satisfied that the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The Fair Work Commission approved the Pine Lodge Support Staff Enterprise Agreement 2016 with some minor amendments. The Commission found that the agreement was made in good faith, complied with the necessary procedural and substantive requirements, and provided adequate protections for the employees. The Commission's decision provides clarity and guidance for employers and employees when negotiating and approving enterprise agreements under Australian labour law.

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