DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Menarock Aged Care Services (Glen Waverley) Pty Ltd T/A Menarock LIFE Glen Waverley; Menarock Aged Care Services (Shepparton) Pty Ltd T/A Menarock LIFE Shepparton; Menarock Aged Care Services (Upper Ferntree Gully) Pty Ltd T/A Menarock LIFE Sherbrooke
(AG2020/219)

MENAROCK AGED CARE SERVICES GROUP (GLEN WAVERLEY, SHERBROOKE AND SHEPPARTON AGED CARE FACILITIES ONLY), ANMF AND HSU ENTERPRISE AGREEMENT 2019

Aged care industry
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 20 MARCH 2020

Application for approval of the Menarock Aged Care Services Group (Glen Waverley, Sherbrooke and Shepparton Aged Care Facilities Only), ANMF and HSU Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Menarock Aged Care Services Group (Glen Waverley, Sherbrooke and Shepparton Aged Care Facilities Only), ANMF and HSU Enterprise Agreement 2019 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Menarock Aged Care Services (Glen Waverley) Pty Ltd T/A Menarock LIFE Glen Waverley; Menarock Aged Care Services (Shepparton) Pty Ltd T/A Menarock LIFE Shepparton; Menarock Aged Care Services (Upper Ferntree Gully) Pty Ltd T/A Menarock LIFE Sherbrooke (Employer). 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.

[3] Subject to the undertakings, 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. The undertakings are taken to be a term of the Agreement.

[4] The Agreement contained a cross referencing error at clause 39. An amended version of the Agreement correcting this error was provided on 3 March 2020. 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 Australian Nursing and Midwifery Federation and Health Services Union of Australia 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 27 March 2020. The nominal expiry date of the Agreement is 18 November 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves Menarock Aged Care Services Group, which operates facilities in Glen Waverley, Sherbrooke, and Shepparton, along with the Australian Nursing and Midwifery Federation (ANMF) and the Health Services Union (HSU). The dispute concerns the approval of the Menarock Aged Care Services Group (Glen Waverley, Sherbrooke, and Shepparton Aged Care Facilities Only), ANMF and HSU Enterprise Agreement 2019. The application was heard in the Fair Work Commission.

The central legal issue was whether the enterprise agreement met the requirements for approval under the Fair Work Act 2009. This included examining whether the agreement complied with the Fair Work (Registered Organisations) Act 2009 and the Fair Work (Transitional Provisions) Act 2009, and whether it was fair and reasonable in all its terms. The Commission also had to consider whether the agreement contained appropriate mechanisms for the resolution of disputes and provided for the fair treatment of employees.

The Fair Work Commission found that the enterprise agreement was fair and reasonable in all its terms. It noted that the agreement included provisions for the resolution of disputes and provided for the fair treatment of employees. The Commission was satisfied that the agreement complied with the relevant legislation and was appropriate for the employees it covered. Consequently, the Commission approved the agreement, subject to the specific terms and conditions outlined in the decision.

The Fair Work Commission approved the Menarock Aged Care Services Group (Glen Waverley, Sherbrooke, and Shepparton Aged Care Facilities Only), ANMF and HSU Enterprise Agreement 2019, subject to the terms and conditions set out in the decision. The approval was based on the findings that the agreement was fair and reasonable and complied with the relevant legislation.

Menarock Aged Care Services (Glen Waverley) Pty Ltd T/A Menarock LIFE Glen Waverley; Menarock Aged Care Services (Shepparton) Pty Ltd T/A Menarock LIFE Shepparton; Menarock Aged Care Services (Upper Ferntree Gully)...

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established