Camberwell Gardens Aged Care – Menarock Aged Care Services (Camberwell) Trust T/A Camberwell Gardens Aged Care; Greenway Gardens Aged Care - Menarock Aged Care Services (Heathmont) Trust T/A Greenway Gardens Aged...

[2019] FWCA 6219

[2019] FWCA 6219

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Camberwell Gardens Aged Care – Menarock Aged Care Services (Camberwell) Trust T/A Camberwell Gardens Aged Care; Greenway Gardens Aged Care - Menarock Aged Care Services (Heathmont) Trust T/A Greenway Gardens Aged Care; Mc Gregor Gardens Aged Care- Menarock Aged Care Services (Pakenham) Trust T/A Mc Gregor Gardens Aged Care
(AG2019/2825)

MENAROCK AGED CARE SERVICES GROUP (MCGREGOR GARDENS, GREENWAY GARDENS AND CAMBERWELL GARDENS), ANMF AND HSU ENTERPRISE AGREEMENT 2019

Aged care industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 6 SEPTEMBER 2019

Application for approval of the Menarock Aged Care Services Group (McGregor Gardens, Greenway Gardens and Camberwell Gardens), ANMF and HSU Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Menarock Aged Care Services Group (McGregor Gardens, Greenway Gardens and Camberwell Gardens), ANMF and HSU Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Camberwell Gardens Aged Care – Menarock Aged Care Services (Camberwell) Trust T/A Camberwell Gardens Aged Care; Greenway Gardens Aged Care - Menarock Aged Care Services (Heathmont) Trust T/A Greenway Gardens Aged Care; Mc Gregor Gardens Aged Care- Menarock Aged Care Services (Pakenham) Trust T/A Mc Gregor Gardens Aged Care.The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.
[4] I note that Clause 48 is inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at Clause 6.2 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[5] The Australian Nursing and Midwifery Federation (ANMF) and the Health Services Union (HSU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 September 2019. The nominal expiry date of the Agreement is 31 March 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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Appendix A