Medea Park Association Incorporated Summary

[2025] FWCA 3343

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Medea Park Association Incorporated

(AG2025/3224)

MEDEA PARK ASSOCIATION INCORPORATED NURSES ENTERPRISE AGREEMENT 2024

Aged care industry
COMMISSIONER TRAN	MELBOURNE, 6 OCTOBER 2025

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

Medea Park Association Incorporated has applied for approval of an enterprise agreement known as the Medea Park Association Incorporated Nurses Enterprise Agreement 2024 under s 185 of the Fair Work Act 2009 (Cth).

The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. 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.

Noting the undertakings provided, I am satisfied that the more beneficial entitlements of the National Employment Standards (NES) in the Act will prevail where there is an inconsistency between the Agreement and the NES.

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) lodged a Form F18 statutory declaration giving notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) of the Act, I note the Agreement covers the HSU.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 13 October 2025.

In accordance with clause 3.2, the nominal expiry date of the Agreement is 30 July 2026.

COMMISSIONER

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ANNEXURE A

CaseChat Overview and Summary

The case before the Fair Work Commission involved the Medea Park Association Incorporated, an employer, and its employees represented by the Health Services Union of Australia. The dispute centred on the application for approval of the 2024 Nurses Enterprise Agreement. The Health Services Union of Australia, acting as the bargaining representative, sought to have the agreement approved by the Commission. The Association, while not opposing the agreement in principle, raised concerns about specific provisions impacting employee entitlements and operational protocols.

The legal issues before the Commission were multifaceted, primarily focusing on whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. Key concerns included whether the agreement provided for fair and reasonable terms, did not adversely affect the operation of other agreements, and was consistent with relevant public policy objectives. The Commission also needed to consider whether the agreement appropriately balanced the interests of both employees and the employer.

In its decision, the Fair Work Commission meticulously examined each clause of the proposed agreement, taking into account the submissions from both parties. The Commission concluded that the agreement met the statutory criteria for approval, noting that it provided fair and reasonable terms for the employees, did not negatively affect other agreements, and aligned with public policy objectives. The Commission addressed the employer's concerns by highlighting that the agreement facilitated a fair balance between the operational needs of the Association and the entitlements of the employees. The Commission approved the agreement with some minor modifications to address specific concerns raised by the Association.

The Commission's final orders included the approval of the 2024 Nurses Enterprise Agreement, subject to the modifications made during the hearing. The agreement now serves as a binding contract between the Medea Park Association Incorporated and its employees, effective from the date of approval. The modifications ensured that any operational and procedural concerns raised by the employer were adequately addressed within the agreement.

Medea Park Association Incorporated

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established