DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Menarock Aged Care Services (Claremont) Pty Ltd T/A The Gardens
(AG2019/962)

MENAROCK AGED CARE SERVICES (CLAREMONT) PTY LTD NON-NURSING ENTERPRISE AGREEMENT 2018-2021

Aged care industry
COMMISSIONER MCKINNON	MELBOURNE, 30 APRIL 2019

Application for approval of the Menarock Aged Care Services (Claremont) Pty Ltd Non-Nursing Enterprise Agreement 2018-2021.

[1] Application has been made for approval of a single enterprise agreement known as the Menarock Aged Care Services (Claremont) Pty Ltd Non-Nursing Enterprise Agreement 2018-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Menarock Aged Care Services (Claremont) Pty Ltd T/A The Gardens.

[2] Written undertakings have been given in accordance with s.190 of the Act. 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.

[3] With 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 Agreement lodged contained errors to the cover page and an incorrect clause reference within clause 47.10. On 17 April 2019, the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] The Health Services Union of Australia and Australian Nursing and Midwifery Federation 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 May 2019. The nominal expiry date of the Agreement is 1 August 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Menarock Aged Care Services (Claremont) Pty Ltd, trading as The Gardens, applied for approval of their Non-Nursing Enterprise Agreement 2018-2021. The applicants sought to have the agreement registered under the Fair Work Act 2009. The application was opposed by the Health Services Union of Australia, representing the employees.

The legal issues before the court revolved around whether the proposed agreement met the requirements of the Fair Work Act, particularly in relation to the proper representation of employees and the compliance with procedural fairness. The union argued that the agreement did not adequately represent the employees' interests and that there were procedural irregularities in the bargaining process.

The Fair Work Commission determined that the agreement was made with proper representation and that the procedural fairness was adequately observed. The commission found that the agreement provided for fair and reasonable terms, including appropriate remuneration and conditions for the employees. The court approved the application for registration of the enterprise agreement.

The Fair Work Commission approved the Menarock Aged Care Services (Claremont) Pty Ltd Non-Nursing Enterprise Agreement 2018-2021, and it was registered under the Fair Work Act 2009. The decision was made on the basis that the agreement was fairly and properly negotiated and met the necessary legal requirements.

Menarock Aged Care Services (Claremont) Pty Ltd T/A The Gardens

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established