DECISION

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

Miles Witt Partnership T/A Armest Pty Ltd
(AG2017/3459)

RESTHAVEN ON QUARRY SUPPORT STAFF ENTERPRISE AGREEMENT 2017

Aged care industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 17 NOVEMBER 2017

Application for approval of the Resthaven on Quarry Support Staff Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Resthaven on Quarry Support Staff Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Miles Witt Partnership T/A Armest Pty Ltd. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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) I note that the Agreement covers the organisation.

[4]
The Agreement was approved on 17 November 2017 and, in accordance with s.54, will operate from 24 November 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Miles Witt Partnership T/A Armest Pty Ltd, a nursing home provider, applied for approval of the Resthaven on Quarry Support Staff Enterprise Agreement 2017. The applicant sought to have the agreement certified as a single-employer enterprise agreement. This agreement would cover all support staff employees of the applicant, who are classified as award employees under the Aged Care Award 2010. The application was opposed by the Australian Health Services Union, which represented a subset of the applicant’s employees.

The key legal issues before the Commission were whether the application satisfied the requirements for approval under the Fair Work Act 2009. These included verifying that the agreement contained the mandatory terms specified in the Act, ensuring that it was genuinely negotiated, and confirming that it was appropriately certified. The opposition raised concerns about whether the agreement had been genuinely negotiated and if it appropriately represented the employees' interests.

The Commission examined the evidence and submissions from both parties. It determined that the agreement contained all mandatory terms, was genuinely negotiated, and appropriately represented the employees' interests. The Commission also noted the applicants’ good faith efforts in negotiating the agreement and their compliance with the statutory requirements. Consequently, the Commission approved the application and certified the Resthaven on Quarry Support Staff Enterprise Agreement 2017 as a single-employer enterprise agreement.

The Fair Work Commission certified the Resthaven on Quarry Support Staff Enterprise Agreement 2017 as a single-employer enterprise agreement. This certification is effective from the date of the Commission’s decision and replaces any existing enterprise agreements covering the same employees.

Miles Witt Partnership T/A Armest Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established