DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Menarock Aged Care Services (Glen Waverley) Pty Ltd, Menarock Aged Care Services (Upper Ferntree Gully) Pty Ltd, Menarock Aged Care Services (Shepparton) Pty Ltd. T/A Glen Waverley Nursing Home, Sherbrooke Private Nursing Home, Shepparton Aged Care
(AG2017/32)

MENAROCK AGED CARE SERVICES GROUP (GLEN WAVERLEY, UPPER FERNTREE GULLY AND SHEPPARTON AGED CARE FACILITIES ONLY), ANMF AND HSU ENTERPRISE AGREEMENT 2016

Aged care industry
COMMISSIONER ROE	MELBOURNE, 8 FEBRUARY 2017

Application for approval of the Menarock Aged Care Services Group (Glen Waverley, Upper Ferntree Gully and Shepparton Aged Care Facilities Only), ANMF and HSU Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Menarock Aged Care Services Group (Glen Waverley, Upper Ferntree Gully and Shepparton Aged Care Facilities Only), ANMF and HSU Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Menarock Aged Care Services (Glen Waverley) Pty Ltd, Menarock Aged Care Services (Upper Ferntree Gully) Pty Ltd, Menarock Aged Care Services (Shepparton) Pty Ltd. T/A Glen Waverley Nursing Home, Sherbrooke Private Nursing Home, Shepparton Aged Care. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[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, 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) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 8 February 2017 and, in accordance with s.54, will operate from 15 February 2017. The nominal expiry date of the Agreement is 31 March 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The respondents, being Menarock Aged Care Services Group and the Australian Nursing and Midwifery Federation, sought approval of the Menarock Aged Care Services Group (Glen Waverley, Upper Ferntree Gully, and Shepparton Aged Care Facilities Only), ANMF and HSU Enterprise Agreement 2016. The applicant, the Health Services Union, opposed the approval. The matter was heard in the Fair Work Commission. The central legal issue the court needed to decide was whether the proposed enterprise agreement should be approved, given the objections raised by the opposing party. The court needed to consider whether the agreement met the criteria for approval under the Fair Work Act 2009, particularly in relation to the agreement's fairness, the process by which it was negotiated, and its compliance with the relevant legislative framework.

The court examined the negotiation process and found that it had been conducted in good faith and without coercion. It considered the content of the agreement, assessing whether it provided fair and reasonable terms and conditions for the employees, and whether it met the standards of the modern awards and the National Employment Standards. The court also evaluated whether the agreement appropriately balanced the interests of the employer and the employees, ensuring it did not unduly disadvantage either party. Ultimately, the court concluded that the proposed agreement was fair and reasonable and should be approved, as it met the necessary criteria and did not unfairly disadvantage any party. The court's decision was based on the comprehensive examination of the negotiation process, the content of the agreement, and its compliance with the relevant legislative standards.

Menarock Aged Care Services (Glen Waverley) Pty Ltd, Menarock Aged Care Services (Upper Ferntree Gully) Pty Ltd, Menarock Aged Care Services (Shepparton) Pty Ltd. T/A Glen Waverley Nursing Home, Sherbrooke Private...

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established