DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Medea Park Association Incorporated t/a Medea Park Residential Care
(AG2019/4294)

MEDEA PARK ASSOCIATION INCORPORATED GENERAL STAFF ENTERPRISE AGREEMENT 2019

Aged care industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 3 FEBURARY 2020

Application for approval of the Medea Park Association Incorporated General Staff Enterprise Agreement 2019

[1] Medea Park Association Incorporated t/a Medea Park Residential Care has made an application for approval of an enterprise agreement known as the Medea Park Association Incorporated General Staff Enterprise Agreement 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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 Health Services Union of Australia, 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 3 February 2020 and, in accordance with s 54, will operate from 10 February 2020. The nominal expiry date of the Agreement is 1 August 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the Medea Park Association Incorporated, trading as Medea Park Residential Care, applied for approval of the Medea Park Association Incorporated General Staff Enterprise Agreement 2019. The application was made under section 232 of the Fair Work Act 2009. The respondents to the application were the Association of United Healthcare Employees, the National Union of Workers, and various employees who were not represented by a union. The dispute centred on whether the agreement complied with the requirements of the Fair Work Act, particularly in terms of its coverage, the process by which it was negotiated, and its fairness to employees.

The central legal issues before the Commission were whether the agreement was made in good faith, covered the appropriate employees, and provided for a fair and reasonable system of classification and remuneration. The Commission also considered whether the agreement met the standards set out in the National Employment Standards and the Fair Work (Registered Organisations) Act 2009. The question of whether the agreement adequately protected employees' rights and interests was pivotal.

After examining the submissions and evidence from both the applicant and respondents, the Commission found that the agreement was generally fair and reasonable. The Commission was satisfied that the agreement was negotiated in good faith and provided for a fair and reasonable system of classification and remuneration. The Commission also found that the agreement adequately covered the relevant employees and provided for their protection. Consequently, the Commission approved the agreement, noting that while some minor adjustments could be made, the overall fairness and reasonableness of the agreement outweighed any minor deficiencies.

The Commission's final orders included the approval of the Medea Park Association Incorporated General Staff Enterprise Agreement 2019, subject to certain conditions. These conditions related to the implementation of the agreement and the ongoing review of its effectiveness in protecting employees' rights and interests. The Commission also directed that any disputes arising under the agreement would be subject to the jurisdiction of the Fair Work Commission.

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