MECWA

[2015] FWCA 468

[2015] FWCA 468

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

MECWA
(AG2014/10015)

MECWA (TRADING AS MECWACARE), ANMF AND HSU ENTERPRISE AGREEMENT 2014

Aged care industry
COMMISSIONER JOHNS	MELBOURNE, 19 JANUARY 2015

Application for approval of the MECWA (trading as mecwacare), ANMF and HSU Enterprise Agreement 2014.

[1] On 21 November 2014 MECWA (Applicant) made an application for approval of the MECWA (trading as mecwacare), ANMF and HSU Enterprise Agreement 2014 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] On 25 November 2014, Ms Jodie Berry, an employee of the Applicant, wrote to the Fair Work Commission (Commission) and raised objections to the approval of the Agreement. In particular, Ms Berry objected to an alleged lack of notice regarding the Notice of Employee Representational Rights and the alleged lack of rights afforded to her as person who was interested in being a bargaining agent.

[3] Having regard to the objections and the exchanges of correspondence between the parties and the Commission, the Commission, as presently constituted, listed the matter for a directions hearing on 14 January 2015. During the directions hearing, it became evident that it was at least arguable that Ms Berry’s rights to be a bargaining representative may not have been honoured. The Commission, as presently constituted, set the matter down for hearing on 27 January 2015.

[4] However, on 14 January 2015, Ms Berry wrote to the Commission withdrawing her objections to approval of the Agreement. Consequently, the hearing date was vacated.

[5] I note the Agreement was lodged within 14 days after it was made.

[6] The Commission is satisfied that each of the requirements of ss 186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[7] The Australian Nursing and Midwifery Federation, 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), the Commission notes that the Agreement covers this organisation.

[8] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 26 January 2015. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

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