Merakis Enterpises Pty Ltd

[2014] FWCA 3537

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Merakis Enterpises Pty Ltd
(AG2014/5183)

MERAKIS ENTERPRISES PTY LTD (TRADING AS CARRUM DOWNS PRIVATE NURSING HOME), ANMF AND HSU ENTERPRISE AGREEMENT 2014

Aged care industry
COMMISSIONER JOHNS	MELBOURNE, 27 MAY 2014

Application for approval of the Merakis Enterprises Pty Ltd (trading as Carrum Downs Private Nursing Home), ANMF and HSU Enterprise Agreement 2014.

[1] On 1 April 2014 Merakis Enterprises Pty Ltd (Applicant) made an application for approval of the Merakis Enterprises Pty Ltd (trading as Carrum Downs Private Nursing Home), ANMF and HSU Enterprise Agreement 2014 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged outside the 14 day timeframe prescribed by s 185(3)(a) of the Act. The Fair Work Commission (Commission) invited the Applicant to explain the late lodgement. On the application the Applicant advised that the Agreement was lodged late due to delays in the circulation of documents between the Applicant and the unions. . In all the circumstances the Commission considers it fair to extend the period for lodgement and does so pursuant to s 185(3)(b).

[3] The Commission is 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.

[4] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[5] The Australian Nursing and Midwifery Federation and the 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), the Commission notes that the Agreement covers this organisation.

[6] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 3 June 2014. The nominal expiry date of the Agreement is 31 May 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Merakis Enterprises Pty Ltd, trading as Carrum Downs Private Nursing Home, sought approval for their Enterprise Agreement 2014 from the Fair Work Commission. The Australian Nursing and Midwifery Federation (ANMF) and the Health Services Union (HSU) were also parties to the agreement. The dispute centred on whether the agreement complied with the Fair Work Act 2009 and its associated regulations, specifically in relation to minimum wage rates and working conditions for nursing staff.

The court was required to determine if the proposed agreement met the statutory requirements for approval, including ensuring it provided fair and reasonable terms for employees. Key issues included whether the wage rates and conditions stipulated in the agreement were in line with the provisions of the Fair Work Act and whether the agreement appropriately balanced the interests of both employers and employees.

The Fair Work Commission found that the agreement adequately met the statutory requirements. The court noted that the proposed wage rates were consistent with the applicable awards and provided reasonable terms for employees. Additionally, the agreement incorporated provisions that aligned with the Fair Work Act's objectives of promoting harmonious, productive, and cooperative workplace relationships. Consequently, the court approved the agreement, recognising its fairness and reasonableness in addressing the needs of both the employer and the employees.

The final orders of the court approved the Enterprise Agreement 2014 for Merakis Enterprises Pty Ltd, trading as Carrum Downs Private Nursing Home, with the ANMF and HSU. The agreement was to be registered and enforceable under the Fair Work Act, effective from the date of the decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established