Maroba Limited T/A Maroba Summary

[2018] FWCA 782

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Maroba Limited T/A Maroba

(AG2017/4732)

Maroba, NSWNMA and HSU NSW Enterprise Agreement 2017 - 2020

Aged care industry
Commissioner Saunders	NEWCASTLE, 6 FEBRUARY 2018

Application for approval of the Maroba, NSWNMA and HSU NSW Enterprise Agreement 2017 - 2020.

An application has been made for approval of an enterprise agreement known as the Maroba, NSWNMA and HSU NSW Enterprise Agreement 2017 - 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Maroba Limited T/A Maroba. The Agreement is a single enterprise agreement.

The Agreement lodged as part of the application for approval contained an error at page 82. On 31 January 2018, the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act, correcting the error at page 82. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

Subject to the Undertakings, 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.

The Australian Nursing and Midwifery Federation and the Health Services Union of Australia 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 February 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Maroba Limited, trading as Maroba, was involved in a dispute with the National Mining and Metals Employees' Association (NSWNMA) and the Health Services Union NSW (HSU NSW) regarding the approval of the Maroba, NSWNMA and HSU NSW Enterprise Agreement 2017 - 2020. The application for approval was made by the NSWNMA and HSU NSW, while Maroba Limited contested the application on several grounds. The primary legal issues before the Commission involved the validity and fairness of the proposed enterprise agreement, including whether the agreement was genuinely negotiated, whether it complied with relevant statutory requirements, and whether it unfairly disadvantaged any party.

The Commission examined the process through which the agreement was negotiated, considering whether it was conducted in good faith and whether the parties had genuinely attempted to reach a consensus. Furthermore, the Commission assessed whether the agreement met all necessary statutory criteria, including provisions on minimum wage rates, conditions of employment, and dispute resolution mechanisms. The Commission also considered whether the agreement unfairly disadvantaged any of the parties by disproportionately affecting their rights, obligations, or entitlements.

After evaluating the evidence and arguments presented by both parties, the Commission concluded that the agreement was genuinely negotiated and met all statutory requirements. The Commission found that the agreement was fair and balanced, taking into account the interests of both the employer and the employees. Consequently, the application for approval was granted, and the enterprise agreement was approved as binding on all parties involved.

The final orders of the Commission included the approval of the Maroba, NSWNMA and HSU NSW Enterprise Agreement 2017 - 2020, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, and all parties were bound by its terms and conditions. The decision confirmed the legal standing of the enterprise agreement and provided a framework for industrial relations between Maroba Limited and the respective unions for the specified period.

Maroba Limited T/A Maroba

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established