Merakis Enterprises Pty Ltd T/A Meracare Carrum Downs Nursing Home and Meracare Frankston Nursing Home

[2019] FWCA 6350

[2019] FWCA 6350

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Merakis Enterprises Pty Ltd T/A Meracare Carrum Downs Nursing Home and Meracare Frankston Nursing Home
(AG2019/2293)

MERAKIS ENTERPRISES PTY LTD (TRADING AS MERACARE CARRUM DOWNS NURSING HOME AND MERACARE FRANKSTON NURSING HOME), ANMF AND HSU ENTERPRISE AGREEMENT 2018

Aged care industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 12 SEPTEMBER 2019

Application for approval of the Merakis Enterprises Pty Ltd (trading as Meracare Carrum Downs Nursing Home and Meracare Frankston Nursing Home), ANMF and HSU Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Merakis Enterprises Pty Ltd (trading as Meracare Carrum Downs Nursing Home and Meracare Frankston Nursing Home), ANMF 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 Merakis Enterprises Pty Ltd T/A Meracare Carrum Downs Nursing Home and Meracare Frankston Nursing Home. 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. The undertakings are taken to be a term of 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] I note that Clause 54.5 is inconsistent with the National Employment Standards as it provides content not otherwise provided for in the NES. Given the National Employment Standards precedence clause at clause 6.1 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[5] The Australian Nursing and Midwifery Federation (ANMF) and the Health Services Union (HSU) 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 19 September 2019. The nominal expiry date of the Agreement is 31 May 2021.

DEPUTY PRESIDENT

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Annexure A