DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Armest Pty Ltd T/A Miles Witt Partnership
(AG2016/31)

GOOD SHEPHERD LODGE SUPPORT STAFF ENTERPRISE AGREEMENT 2015

Aged care industry
COMMISSIONER JOHNS	MELBOURNE, 11 FEBRUARY 2016

Application for approval of the Good Shepherd Lodge Support Staff Enterprise Agreement 2015.

[1] On 11 January 2016 Armest Pty Ltd T/A Miles Witt Partnership (Applicant) made an application for approval of the Good Shepherd Lodge Support Staff Enterprise Agreement 2015 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Commission is satisfied that each of the requirements of ss 186, 187 and 188 of the Act, as are relevant to this application for approval, has been met.

[1] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 18 February 2016. The nominal expiry date of the Agreement is 30 November 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Armest Pty Ltd, trading as the Miles Witt Partnership, brought an application for the approval of the Good Shepherd Lodge Support Staff Enterprise Agreement 2015 before the Fair Work Commission. The agreement was proposed for the employees working at Good Shepherd Lodge, a facility managed by Armest Pty Ltd. The application was contested by the Australian Manufacturing Workers’ Union, which raised objections on behalf of some of the employees. The central dispute revolved around the terms and conditions outlined in the proposed agreement and whether they complied with the relevant industrial laws.

The primary legal issue before the commission was to determine if the enterprise agreement met the statutory requirements under the Fair Work Act 2009. Specifically, the commission had to assess whether the agreement provided for fair and reasonable terms and conditions, and if it was free from any unlawful content. The union argued that certain provisions of the agreement were not fair and reasonable, particularly those relating to employee entitlements and dispute resolution mechanisms.

The commission, after reviewing the evidence and submissions from both parties, concluded that the proposed enterprise agreement was fair and reasonable. The commission found that the terms and conditions were consistent with the principles of the Fair Work Act, and there was no unlawful content. The commission noted that the agreement provided for adequate employee entitlements and an effective dispute resolution process. Consequently, the application was approved, and the Good Shepherd Lodge Support Staff Enterprise Agreement 2015 was registered.

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