DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Medea Park Association Incorporated T/A Medea Park Residential Care
(AG2021/4169)

MEDEA PARK ASSOCIATION INCORPORATED NURSES AGREEMENT 2019

Health and welfare services
COMMISSIONER WILSON	MELBOURNE, 19 APRIL 2021

Application for approval of the Medea Park Association Incorporated Nurses Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Medea Park Association Incorporated Nurses 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 Medea Park Association Incorporated T/A Medea Park Residential 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] The Australian Nursing and Midwifery Federation and the Health Services Union 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 April 2021. The nominal expiry date of the Agreement is 30 May 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Medea Park Association Incorporated, trading as Medea Park Residential Care, sought approval for the Nurses Agreement 2019 from the Fair Work Commission. The association argued that the agreement was necessary to address workforce issues, including high turnover and difficulties in recruitment and retention of nursing staff. The association claimed that the agreement would improve conditions for nurses and thereby enhance the quality of care provided to residents.

The legal issues before the Commission included whether the agreement met the criteria for approval under the Fair Work Act 2009, specifically whether the agreement provided for fair and reasonable terms and conditions, and whether it would promote harmony, co-operation, and productivity in the workplace. The Commission also had to consider the impact of the agreement on the nurses' employment terms and conditions, as well as the potential effect on the broader workforce and the quality of care provided to residents.

The Commission found that the Nurses Agreement 2019 did meet the criteria for approval. The agreement provided for fair and reasonable terms and conditions, including provisions for increased wages, improved leave entitlements, and better working conditions. The Commission noted that these improvements would likely enhance the recruitment and retention of nursing staff, leading to better quality care for residents. Additionally, the agreement promoted harmony, co-operation, and productivity by establishing clear communication channels and dispute resolution mechanisms. The Commission concluded that the benefits of the agreement outweighed any potential detriments, and approved the agreement.

The Commission issued an order approving the Medea Park Association Incorporated Nurses Agreement 2019, effective from the date of the decision. The association was directed to implement the terms of the agreement in accordance with the Fair Work Act 2009. The decision provided clarity for the association, its nursing staff, and the broader community regarding the approved terms and conditions for nurses at Medea Park Residential Care.

Medea Park Association Incorporated T/A Medea Park Residential Care

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established