Armest Pty Ltd T/A Miles Witt Partnership
[2023] FWCA 2963
•14 SEPTEMBER 2023
| [2023] FWCA 2963 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Armest Pty Ltd T/A Miles Witt Partnership
(AG2023/2988)
JUST BETTER CARE GOLD COAST ENTERPRISE AGREEMENT 2023
| Social, community, home care and disability services | |
| DEPUTY PRESIDENT MILLHOUSE | MELBOURNE, 14 SEPTEMBER 2023 |
Application for approval of the Just Better Care Gold Coast Enterprise Agreement 2023
An application has been made for approval of an enterprise agreement known as the Just Better Care Gold Coast Enterprise Agreement 2023 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by Armest Pty Ltd T/A Miles Witt Partnership (Applicant), being a bargaining representative appointed by the employer covered by the Agreement, The Baker Family Trust (Staffball Pty Ltd atf) T/A Just Better Care Gold Coast (Employer). The Agreement is a single-enterprise agreement.
The notification time for the Agreement precedes 6 June 2023. Accordingly, the legislative changes to the Act in relation to the genuine agreement provisions which commenced on 6 June 2023 do not apply to this approval application.[1] However, the Agreement was made after 6 June 2023. Accordingly, the amendments to the better off overall test have commenced and so apply to this approval application.[2]
The Employer 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. The undertakings are taken to be a term of the Agreement.
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. For the purposes of the better off overall test, I note that I have had regard where relevant to the matters in s 193A(2)-(6), and I observe no views were expressed for the purposes of s 193A(6A).
The Agreement is approved and, in accordance with s 54 of the Act, will operate from 21 September 2023. The nominal expiry date of the Agreement is 14 September 2027.
DEPUTY PRESIDENT
ANNEXURE A
[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Amending Act) commenced operation with respect to the genuine agreement provisions and the better off overall test provisions of the Act on 6 June 2023. However, in relation to the genuine agreement provisions, Division 11 of Part 26 of the Amending Act provides that Part 2-4 of the Act continues to apply, as if the amendments had not been made, in relation to any proposed enterprise agreement for which the notification time occurs before 6 June 2023.
[2] Division 12 of Part 26 of the Amending Act provides that the amendments to the better off overall test apply in relation to enterprise agreements made on and after 6 June 2023
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