DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mary’s Grange Incorporated T/A Mary’s Grange
(AG2014/10997)

HACSU MARY’S GRANGE INC. NON NURSING STAFF AGREEMENT 2014

Tasmania
COMMISSIONER LEE	MELBOURNE, 5 MARCH 2015

Application for approval of the HACSU Mary’s Grange Inc. Non Nursing Staff Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the HACSU Mary’s Grange Inc. Non Nursing Staff Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mary’s Grange Incorporated T/A Mary’s Grange. 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 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 these organisations.

[4] The Agreement was approved on 5 March 2015 and, in accordance with s.54 of the Act, will operate from 12 March 2015. The nominal expiry date of the Agreement is 31 July 2016.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of Mary’s Grange Incorporated trading as Mary’s Grange, the issue at hand involved an application for the approval of the Health and Community Services Union Mary’s Grange Inc. Non-Nursing Staff Agreement 2014. This case was heard by the Fair Work Commission, which was tasked with determining whether the agreement should be approved, given the concerns raised by the employer regarding certain provisions of the agreement. The employer, Mary’s Grange, argued that several clauses in the agreement did not comply with the Fair Work Act 2009, specifically focusing on issues of fairness, and whether the agreement would unduly restrict their operational flexibility.

The primary legal issues the Commission had to address were whether the provisions of the agreement were fair and reasonable, and if they complied with the requirements set out in the Fair Work Act 2009. This included assessing whether the agreement was free from any undue restraints on trade and if it provided appropriate protections for the employees without imposing excessive burdens on the employer. The Commission also had to consider the broader context of industrial relations in the aged care sector, where staffing levels and employee conditions are critical to the quality of care provided.

In delivering its decision, the Commission carefully examined each contested clause of the agreement, weighing the arguments presented by both parties. The Commission found that while some provisions did impose certain restrictions on the employer, these were necessary to protect the rights and conditions of the employees. The Commission concluded that the benefits of these provisions in terms of fairness and employee protection outweighed the potential operational burdens they might impose. Consequently, the Commission approved the agreement, subject to some minor modifications to address specific concerns raised by the employer. These modifications were aimed at ensuring that the agreement was as fair and reasonable as possible, while still protecting the interests of both parties.

The final orders of the Commission included the approval of the Health and Community Services Union Mary’s Grange Inc. Non-Nursing Staff Agreement 2014, with the specified modifications. This decision was made in the interest of ensuring that the agreement would provide fair and reasonable terms for the employees, while also allowing the employer to operate within a framework that balanced these terms with their operational needs.

Mary’s Grange Incorporated T/A Mary’s Grange

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established