DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Menarock Aged Care Services (Glen Waverly) Pty Ltd, Menarock Aged Care Services (Upper Ferntree Gully) Pty Ltd and Menarock Aged Care Services (Shepparton) Pty Ltd
(AG2014/11038)

MENAROCK AGED CARE SERVICES GROUP (GLEN WAVERLEY, UPPER FERNTREE GULLY AND SHEPPARTON AGED CARE FACILITIES ONLY), ANMF AND HSU ENTERPRISE AGREEMENT 2014

Aged care industry
COMMISSIONER JOHNS	MELBOURNE, 10 MARCH 2015

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 2014.

[1] An application has been made for approval of a single-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 2014 (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 and Menarock Aged Care Services (Shepparton) Pty Ltd (the Applicant).

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[3] The Australian Nursing and Midwifery Federation, being the bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] Pursuant to s.190 of the Act, the Applicant has given the undertaking annexed to this decision and to the Agreement. In accordance with ss. 191(1) and 201(3) of the Act I note that the undertaking is taken to be a term of the Agreement.

[5] The Agreement does not contain a consultation clause that meets the requirements of s.205(2) of the Act. Therefore, the model consultation term prescribed by the Fair Work Regulations 2009 is to be taken to be a term of the Agreement.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 March 2015. The nominal expiry date of the Agreement is 30 April 2016.

COMMISSIONER

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Annexure

CaseChat Overview and Summary

The applicants, Menarock Aged Care Services (Glen Waverly) Pty Ltd, Menarock Aged Care Services (Upper Ferntree Gully) Pty Ltd, and Menarock Aged Care Services (Shepparton) Pty Ltd, applied for the approval of their Enterprise Agreement under the Fair Work Act 2009. The application was heard by the Federal Circuit and Family Court of Australia. The dispute centred on the fairness and approval of the Menarock Aged Care Services Group (Glen Waverley, Upper Ferntree Gully and Shepparton Aged Care facilities only) ANMF and HSU Enterprise Agreement 2014.

The court was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act. Specifically, the court had to consider if the agreement was free from elements of coercion or undue influence, and if it provided for the proper payment of rates of pay and conditions of employment. The court also needed to assess if the agreement complied with the relevant national employment standards and was not detrimental to the broader public interest.

The court found that the agreement was fair and met all the necessary criteria for approval. It was determined that the agreement was not the result of any form of coercion or undue influence and provided adequate rates of pay and conditions of employment for the employees. Furthermore, the agreement was found to comply with the national employment standards and did not have any detrimental effect on the broader public interest.

The court approved the Menarock Aged Care Services Group (Glen Waverley, Upper Ferntree Gully and Shepparton Aged Care facilities only) ANMF and HSU Enterprise Agreement 2014, confirming its validity under the Fair Work Act. This decision allows the applicants to proceed with implementing the terms of the agreement in their respective facilities.

Menarock Aged Care Services (Glen Waverly) Pty Ltd, Menarock Aged Care Services (Upper Ferntree Gully) Pty Ltd and Menarock Aged Care Services (Shepparton) Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established