Medea Park Association Incorporated T/A Medea Park Residential Care

[2025] FWCA 1968

[2025] FWCA 1968

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Medea Park Association Incorporated T/A Medea Park Residential Care

(AG2025/1353)

MEDEA PARK ASSOCIATION INCORPORATED GENERAL STAFF ENTERPRISE AGREEMENT 2024

Aged care industry
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 13 JUNE 2025

Application for approval of the Medea Park Association Incorporated General Staff Enterprise Agreement 2024

1. An application has been made for approval of an enterprise agreement known as the Medea Park Association Incorporated General Staff Enterprise Agreement 2024 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by Medea Park Association Incorporated T/A Medea Park Residential Care (Employer). The Agreement is a single enterprise agreement.

1. The Employer has provided written undertakings. A copy of the undertakings is attached at 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.  

1. Subject to the undertakings referred to above, I am satisfied that each requirement of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met. For the purposes of the better off overall test, I have had regard to each of the matters in
   s 193A(2)-(7).  

1. The Australian Nursing and Midwifery Federation and the Health Services Union, being bargaining representatives for the Agreement, have each given notice under s 183 of the Act that they want the Agreement to cover it. In accordance with s 201(2) of the Act I note that the Agreement covers each organisation.

1. The Agreement is approved and, in accordance with s 54 of the Act will operate from 20 June 2025. The nominal expiry date of the Agreement is 1 January 2028.

Variation

1. By way of correspondence dated 30 May 2025, the Employer sought that the Commission correct an error, defect or irregularity in the Agreement pursuant to s 218A(2)(a) of the Act.

1. The Agreement as lodged includes a table of wage rates at page 45 which contains erroneous figures. The Employer submits that an error occurred when inputting data relating to the wage rate for an Aged Care Personal Assistant level 3. This resulted in subsequent wage rates being inserted into the incorrect columns for levels 3, 4 and 5 in the wages table. This consequently resulted in the omission of the correct wage rate for an Aged Care Employee Level 6.

1. Section 218A of the Act was inserted by the Fair Work Legislation Amendment (Secure Jobs Better Pay) Act 2022 to provide a process for varying an enterprise agreement to “correct or amend an obvious error, defect or irregularity,” whether in substance or form. It provides as follows:

Variation of enterprise agreements to correct or amend errors, defects or irregularities

(1)   The FWC may vary an enterprise agreement to correct or amend an obvious error, defect or irregularity (whether in substance or form).

(2)   The FWC may vary an enterprise agreement under subsection (1):

(a) on its own initiative; or
  (b) on application by any of the following:

(i) one or more of the employers covered by the agreement;
  (ii) an employee covered by the agreement;
  (iii) an employee organisation covered by the agreement.

(3) If the FWC varies an enterprise agreement under subsection (1), the variation operates from the day specified in the decision to vary the agreement.

1. Before an enterprise agreement may be varied under s 218A of the Act, there must be satisfaction of the existence of an obvious error, defect or irregularity (whether in substance or form). I am satisfied that the inclusion of incorrect wage rates in the wages table at page 45 of the Agreement is an obvious error. Without correction, employees under the Agreement may mistakenly be paid the incorrect (lower) rates of pay.

1. I consider that it is necessary and appropriate to correct the error by replacing the wages table at page 45 of the Agreement with a version of the wages table containing the correct rates, as proposed by the Employer. There was no objection to this proposal by the employee bargaining representatives. I am satisfied that the correction will ensure that the Agreement accurately reflects the wages rates intended to be paid to the relevant employees under the Agreement. There are no grounds telling against the exercise of my discretion to vary the Agreement to correct this error.

1. Accordingly, the error will be corrected in the manner sought and as specified in the order that follows. The order will operate from the date of this decision.

Order

1. Pursuant to s 218A of the Act, I order that the Agreement be varied to correct an obvious error by:

(1)deleting page 45 from the Agreement as lodged; and

(2)replacing the deleted page with a revised page 45 which corrects the erroneous wage rates in the wages table and otherwise makes no other changes.

1. The published Agreement will contain the corrections described in the above order.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE529357  PR788182>

Annexure A