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

ANNEXURE A

CaseChat Overview and Summary

The case before the court involved Menarock Aged Care Services (Templestowe Willowbrae) Pty Ltd and Menarock Aged Care Services (Templestowe) Pty Ltd, who applied for the approval of the Menarock Aged Care Services Group Enterprise Agreement 2018, as well as the associated agreements and modifications. The application was made in accordance with the Aged Care (Approved Payments) Determination 2013 and the Fair Work Act 2009. The respondents to the application were the Australian Nursing and Midwifery Federation and the Health Services Union, who were the relevant trade unions involved in the agreement.

The primary legal issue the court had to resolve was whether the proposed enterprise agreement and the associated modifications met the requirements of the Fair Work Act and the Aged Care (Approved Payments) Determination. Specifically, the court had to determine if the agreement was in the best interests of the employees and if it contained appropriate provisions for pay and conditions, including any hardship provisions. Additionally, the court needed to consider whether the agreement complied with the standards set out in the Fair Work Act, including fairness and benefit, and whether the agreement was likely to achieve a cooperative workplace.

The court examined the evidence and submissions from both parties and found that the proposed enterprise agreement and modifications were fair and beneficial to the employees. The agreement provided for appropriate pay and conditions, and included hardship provisions that were considered reasonable. The court also found that the agreement complied with the standards of the Fair Work Act and was likely to achieve a cooperative workplace. Based on these findings, the court approved the proposed enterprise agreement and the associated modifications.

The final orders of the court approved the Menarock Aged Care Services Group Enterprise Agreement 2018, along with the relevant agreements and modifications. The approval was subject to certain conditions, including the requirement that the agreement be registered with the Fair Work Commission. The court also ordered that the agreement be given effect from the date of the approval and that the relevant parties comply with the terms of the 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...

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established