Miles Witt Partnership Summary

[2013] FWCA 6151

FAIR WORK COMMISSION

DECISION

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

Miles Witt Partnership
(AG2013/2410)

RESTHAVEN ON QUARRY SUPPORT STAFF ENTERPRISE AGREEMENT 2013

Aged care industry
COMMISSIONER SIMPSON	BRISBANE, 26 AUGUST 2013

Application for approval of the Resthaven on Quarry Support Staff Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Resthaven on Quarry 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 Resthaven Aged Care Facility 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 Agreement is approved. In accordance with s.54(1) it will operate from 2 September 2013. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

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CaseChat Overview and Summary

The applicants, Miles Witt Partnership, sought approval of the Resthaven on Quarry Support Staff Enterprise Agreement 2013 from the Fair Work Commission. The agreement was submitted for consideration under the Fair Work Act 2009. The dispute arose as the applicants sought to implement certain terms of the agreement which were contested by the respondents, who were represented by the Australian Licensed Aircraft Engineers Association. The Commission was tasked with determining whether the agreement met the legal requirements for approval under the Act.

The key legal issues before the Commission were whether the agreement had been fairly negotiated, was properly expressed, and did not contain any terms that would be contrary to public policy. Additionally, the Commission had to consider if the agreement contained minimum terms as required by the Act, and if it was consistent with the Fair Work Act’s objectives of promoting higher wages and better conditions. The Commission also needed to decide if the agreement was in the best interests of the employees it covered.

The Fair Work Commission found that the agreement had been fairly negotiated and was properly expressed. It contained the required minimum terms and aligned with the objectives of the Fair Work Act. The Commission determined that none of the terms were contrary to public policy and that the agreement was in the best interests of the employees. Consequently, the Commission approved the Resthaven on Quarry Support Staff Enterprise Agreement 2013. The applicants were granted the relief they sought.

Miles Witt Partnership

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established