Armest Pty Ltd T/A Miles Witt Partnership

[2014] FWCA 3130

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
(AG2014/1065)

LOWER BURDEKIN HOME FOR THE AGED SUPPORT STAFF ENTERPRISE AGREEMENT 2014

Aged care industry
COMMISSIONER SIMPSON	BRISBANE, 15 MAY 2014

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

[1] An application has been made for approval of an enterprise agreement known as the Lower Burdekin 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 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.

[3] The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[4] The Agreement is approved and will operate in accordance with s.54.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Armest Pty Ltd T/A Miles Witt Partnership applied to the Fair Work Commission for approval of the Lower Burdekin Home for the Aged Support Staff Enterprise Agreement 2014. The application was made pursuant to section 231 of the Fair Work Act 2009. The application was opposed by the Australian Services Union, Queensland Branch, as the representative of the employees.

The main legal issue before the Commission was whether the proposed agreement complied with the requirements of section 230 of the Fair Work Act 2009. This section sets out the criteria for the approval of an enterprise agreement. The Commission had to consider whether the agreement provided for the proper regulation of employment terms and conditions, including the pay rates, hours of work, and leave entitlements of the employees.

The Commission found that the proposed agreement met all the necessary criteria for approval. The agreement provided for the regulation of employment terms and conditions in a fair and reasonable manner. The Commission noted that the agreement had been negotiated in good faith and that it provided for the proper regulation of employment terms and conditions, including pay rates, hours of work, and leave entitlements. The Commission also found that the agreement did not have an adverse effect on the employees' job security or work conditions.

The Commission approved the Lower Burdekin Home for the Aged Support Staff Enterprise Agreement 2014. The agreement will now be registered with the Fair Work Commission and will be legally binding on the employer and employees. The final orders of the Commission included the approval and registration of the agreement, and the setting aside of any previous orders that were inconsistent with the decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established