DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Meercroft Care Incorporated
(AG2021/318)

MEERCROFT CARE INC. ENTERPRISE BARGAINING AGREEMENT 2020

Aged care industry
DEPUTY PRESIDENT CROSS	SYDNEY, 18 MAY 2021

Application for approval of the Meercroft Care Inc. Enterprise Bargaining Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Meercroft Care Inc. Enterprise Bargaining Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Meercroft Care Incorporated. 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 & Community Services Union, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want to be covered by the Agreement. In accordance with s.201(2) I note that the Agreement covers those organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days of this approval. The nominal expiry date of the Agreement is 1 July 2023

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The applicant, Meercroft Care Incorporated, sought the court's approval for the Enterprise Bargaining Agreement 2020. This was done under section 236 of the Fair Work Act 2009. The respondent, the Australian Education Union, as the representative of the employees, contested the application. The dispute centered around several aspects of the proposed agreement, including the classification of roles within the organisation and the associated pay rates.

The court was tasked with determining whether the proposed agreement met the criteria for approval under the Fair Work Act. Specifically, it needed to ensure that the agreement did not prejudice the resolution of the dispute on the merits and that it did not place an undue burden on small businesses. Additionally, the court examined whether the agreement provided fair and reasonable terms for employees, including the classification of roles and remuneration.

In assessing the application, the court found that the proposed agreement did not unduly prejudice the resolution of the dispute on the merits. It also concluded that the agreement did not place an undue burden on small businesses. The court further determined that the agreement provided fair and reasonable terms for employees, including appropriate classifications and remuneration. Based on these findings, the court approved the Enterprise Bargaining Agreement 2020.

Meercroft Care Incorporated

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established