Mecwa T/A Mecwacare
[2024] FWCA 4574
•19 DECEMBER 2024
| [2024] FWCA 4574 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Mecwa T/A Mecwacare
(AG2024/4631)
MECWA (TRADING AS MECWACARE), ANMF AND HWU ENTERPRISE AGREEMENT 2024
| Aged care industry | |
| COMMISSIONER TRAN | MELBOURNE, 19 DECEMBER 2024 |
Application for approval of the MECWA (trading as mecwacare), ANMF and HWU Enterprise Agreement 2024
Mecwa T/A Mecwacare has applied for approval of an enterprise agreement known as the MECWA (trading as mecwacare), ANMF and HWU Enterprise Agreement 2024 (the Agreement) under s 185 of the Fair Work Act 2009 (Act).
The Agreement is a single enterprise agreement.
It appears that the Employer issued an earlier version of the Notice and therefore did not comply with s 174(1A). Aside from use of the earlier version of the Notice, there were no substantive differences. I have previously detailed the differences between the pre-6 June 2023 and post-6 June 2023 Notice in Application by AJS Electrical Contracting Pty Ltd T/A AJS Electrical Contracting [2023] FWC 3343 at [34]. I consider the use of the earlier Notice is a minor technical error.
I am satisfied with the Employer’s and the Unions’ responses to my concerns regarding the use of the earlier Notice and I disregard the error in accordance with s 188(5) of the Act as I am also satisfied that employees were not disadvantaged by the error.
Noting the undertakings provided, I am satisfied that the more beneficial entitlements of the National Employment Standards in the Act will prevail where there is an inconsistency between the Agreement and the NES.
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.
Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.
The Health Services Union (HSU) and the Australian Nursing and Midwifery Federation (ANMF) lodged Form F18 statutory declarations giving notice under s 183 of the Act that they want the Agreement to cover them. In accordance with s 201(2) of the Act, I note the Agreement covers the HSU and ANMF.
The Agreement is approved and, in accordance with s 54 of the Act, will operate from 26 December 2024.
In accordance with clause 7 of the Agreement, the nominal expiry date of the Agreement is 30 June 2026.
COMMISSIONER
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APPENDIX A
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