Miles Witt Partnership

[2013] FWCA 6523

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Miles Witt Partnership
(AG2013/2445)

SUNNYMEADE SUPPORT STAFF ENTERPRISE AGREEMENT 2013

Aged care industry
COMMISSIONER SIMPSON	BRISBANE, 4 SEPTEMBER 2013

Application for approval of the Sunnymeade Support Staff Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Sunnymeade Support Staff Enterprise Agreement 2013 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Jomal Pty Ltd who was represented by 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 of Employees (Queensland), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 11 September 2013. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Miles Witt Partnership, sought the Fair Work Commission's approval of the Sunnymeade Support Staff Enterprise Agreement 2013. Miles Witt Partnership is an employer, and the respondents are employees covered by the proposed agreement. The applicants argued the agreement provided fair and reasonable terms and conditions of employment for the employees, and that the agreement was made in good faith and without coercion. The Fair Work Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issues the Commission had to address were whether the agreement contained all the mandatory terms required by the Fair Work Act, and whether the agreement had been made in good faith and without coercion. The Commission also considered whether the agreement met the requirements for a modern award and whether it was consistent with the principles of the Fair Work Act. The Commission examined the processes followed by the parties in reaching the agreement, including the extent of employee consultation and the presence of any undue influence or pressure.

The Commission found that the agreement contained all the mandatory terms required by the Fair Work Act and was made in good faith. The Commission concluded that the agreement met the requirements for a modern award and was consistent with the principles of the Fair Work Act. The Commission was satisfied that the applicants had followed a fair and reasonable process in reaching the agreement, with adequate consultation and no evidence of undue influence or pressure. The Commission approved the agreement, finding it to be fair and reasonable for the employees covered by it.

The Commission's final order was that the Sunnymeade Support Staff Enterprise Agreement 2013 be approved as a registered agreement under the Fair Work Act 2009. The agreement was to be registered and binding on all parties from the date of the decision. The Commission's decision was final and not subject to appeal, except on limited grounds.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established