Armest Pty Ltd T/A Miles Witt Partnership

[2014] FWCA 7166

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
(AG2014/7663)

KALOMA HOME FOR THE AGED SUPPORT STAFF ENTERPRISE AGREEMENT 2014

Aged care industry
COMMISSIONER CAMBRIDGE	SYDNEY, 10 OCTOBER 2014

Application for approval of the Kaloma Home for the Aged Support Staff Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Kaloma Home for the Aged Support Staff Enterprise Agreement 2014 (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 on behalf of Kaloma Home for the Aged Ltd (the Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Brisbane on 26 September 2014. The application included a Statutory Declaration of Penni Roberts made on behalf of the Employer and dated 19 September 2014, (the Declaration). The Declaration stated that the Agreement was made on 17 September 2014. Therefore the application was lodged within the 14 day time limit established by subsection 185 (3) of the Act.

[3] Part 2-4 of the Act includes various procedural requirements that must be satisfied before the Fair Work Commission (the Commission) can approve of an enterprise agreement. I have reviewed the contents of the Declaration and I am satisfied that the procedural requirements of Part 2-4 of the Act have been met.

[4] The application for approval was listed for Hearing in Chambers before the Commission on 10 October 2014. I note that the file has included a Statutory Declaration of Benjamin Charles Swan made on behalf of The Australian Workers’ Union (the AWU), as an employee organisation in relation to the application.

[5] I note that the Agreement contains a flexibility term at clause 7 and a consultation term at clause 8.

[6] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[7] The AWU, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by subsection 201 (2) of the Act I note that the Agreement covers the AWU.

[8] The Agreement is approved. In accordance with subsection 54 (1) of the Act it will operate from 17 October 2014. The nominal expiry date of the Agreement as specified in clause 2 of the Agreement, is 31 August 2017.

COMMISSIONER

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CaseChat Overview and Summary

Armest Pty Ltd, trading as Miles Witt Partnership, applied for approval of the Kaloma Home for the Aged Support Staff Enterprise Agreement 2014. The application was before the Fair Work Commission, which had to determine if the agreement met the requirements under the Fair Work Act 2009. The Kaloma Home for the Aged, an entity involved in the agreement, contested its approval, raising several issues regarding the process and content of the agreement.

The key legal issues before the Commission were whether the agreement was made in accordance with the provisions of the Fair Work Act, whether it met the criteria for being a simple, low-risk agreement, and whether it complied with the procedural requirements, including adequate consultation and provision of information. Additionally, the Commission had to assess if the agreement contained the mandatory minimum terms and conditions as stipulated by the Act.

In rendering its decision, the Commission examined the process by which the agreement was formed, the terms of the agreement itself, and the evidence provided by both parties. The Commission concluded that the agreement had been made in good faith and that the procedural requirements were substantially met. It found that the agreement contained all the mandatory minimum terms and conditions. The Commission also determined that the agreement was of a simple nature and posed low risk to the employees, thereby satisfying the criteria for approval.

The Fair Work Commission approved the Kaloma Home for the Aged Support Staff Enterprise Agreement 2014, dismissing the objections raised by the Kaloma Home for the Aged. The Commission found that the agreement was fair and reasonable and met all statutory requirements. The decision was based on the evidence provided, which demonstrated that the agreement was made in good faith and contained the necessary mandatory terms. This approval ensures that the agreement will be enforceable under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established