Menarock Aged Care Services (Templestowe Willowbrae) Pty Ltd T/A Willowbrae Templestowe [ABN: 49 587 389 338]; Menarock Aged Care Services (Templestowe) Pty Ltd T/A Emmavale Gardens [ABN: 46 132 414 263]; The...

[2018] FWCA 6995

[2018] FWCA 6995

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Menarock Aged Care Services (Templestowe Willowbrae) Pty Ltd T/A Willowbrae Templestowe [ABN: 49 587 389 338]; Menarock Aged Care Services (Templestowe) Pty Ltd T/A Emmavale Gardens [ABN: 46 132 414 263]; The Trustee for Menarock Aged Care Services (Essendon) Trust T/A [ABN: 55421 310 243]; The Trustee for Menarock Aged Care Services (Highett) Trust T/A Rosehill Private Nursing Home [ABN: 60 976 399 842]; Menarock Aged Care Services (Templestowe) Pty Ltd T/A Salisbury House Private Nursing Home [ABN: 46 132 414 263]
(AG2018/2712)

MENAROCK AGED CARE SERVICES GROUP (TEMPLESTOWE WILLOWBRAE, ESSENDON, ROSEHILL, EMMAVALE AND SALISBURY HOUSE ONLY), ANMF AND HSU ENTERPRISE AGREEMENT 2018

Aged care industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 15 NOVEMBER 2018

Application for approval of the Menarock Aged Care Services Group (Templestowe Willowbrae, Essendon, Rosehill, Emmavale and Salisbury House only), ANNF and HSU Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Menarock Aged Care Services Group (Templestowe Willowbrae, Essendon, Rosehill, Emmavale and Salisbury House only), ANNF and HSU Enterprise Agreement 2018 (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 (Templestowe Willowbrae) Pty Ltd T/A Willowbrae Templestowe [ABN: 49 587 389 338]; Menarock Aged Care Services (Templestowe) Pty Ltd T/A Emmavale Gardens [ABN: 46 132 414 263]; The Trustee for Menarock Aged Care Services (Essendon) Trust T/A [ABN: 55421 310 243]; The Trustee for Menarock Aged Care Services (Highett) Trust T/A Rosehill Private Nursing Home [ABN: 60 976 399 842]; Menarock Aged Care Services (Templestowe) Pty Ltd T/A Salisbury House Private Nursing Home [ABN: 46 132 414 263]. 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 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Health Services Union (HSU) and the Australian Nursing and Midwifery Federation (ANMF) 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 22 November 2018. The nominal expiry date of the Agreement is 31 March 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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ANNEXURE A