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

Appendix A

CaseChat Overview and Summary

The parties in this case were Camberwell Gardens Aged Care – Menarock Aged Care Services (Camberwell) Trust trading as Camberwell Gardens Aged Care, Greenway Gardens Aged Care – Menarock Aged Care Services (Heathmont) Trust trading as Greenway Gardens Aged Care, and the Australian Nursing and Midwifery Federation (ANMF) and Health Services Union (HSU). The dispute involved an application for approval of the Menarock Aged Care Services Group (McGregor Gardens, Greenway Gardens and Camberwell Gardens), ANMF and HSU Enterprise Agreement 2019. The case was heard by the Fair Work Commission, a tribunal with jurisdiction over employment matters in Australia.

The legal issues before the court were whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009, including the requirement for the agreement to provide for a fair and efficient workplace. The court had to consider whether the agreement provided for appropriate terms and conditions of employment, including wages, hours of work, and other employment-related matters. Additionally, the court needed to ensure that the agreement met the "better-off-overall test", which required that the employees be no worse off financially and at least as well off financially and in terms of conditions as they would be under their previous agreements.

The Fair Work Commission found that the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009. The court held that the agreement provided for appropriate terms and conditions of employment, including fair wages and hours of work, and met the better-off-overall test. The agreement also included provisions for dispute resolution, training, and other employment-related matters. The court approved the enterprise agreement, finding that it provided for a fair and efficient workplace and was in the best interests of the employees.

The court's decision was based on its consideration of the evidence presented by the parties, including submissions by the ANMF and HSU on behalf of the employees, and the terms and conditions of the proposed enterprise agreement. The court found that the agreement provided for appropriate terms and conditions of employment, including fair wages and hours of work, and met the better-off-overall test. The court approved the enterprise agreement, finding that it provided for a fair and efficient workplace and was in the best interests of the employees.

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...

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established