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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Merakis Enterprises Pty Ltd, trading as Meracare Carrum Downs Nursing Home and Meracare Frankston Nursing Home, the Australian Industrial Relations Commission was asked to approve the Enterprise Agreement between the employer and the Australian Nursing and Midwifery Federation and the Health Services Union. The agreement sought to regulate various aspects of employment, including wages, hours of work, and other terms and conditions. The dispute centred around the fairness and validity of the proposed agreement, with specific attention given to its compliance with the Fair Work Act 2009.

The legal issues before the Commission involved the assessment of whether the agreement was genuinely negotiated, free from any form of coercion or undue influence, and if it provided a safety net for employees. Additionally, the Commission needed to determine whether the agreement complied with the relevant provisions of the Fair Work Act, including those related to the protection of vulnerable employees and the provision of a safety net for employees. The Commission also considered the implications of the agreement on the broader industrial relations landscape and its impact on the rights of the employees.

The Commission found that the agreement was genuinely negotiated, free from any form of coercion, and provided a safety net for employees. The Commission noted that the agreement contained provisions that were above the safety net, and that it provided for fair and reasonable terms and conditions of employment. The Commission also found that the agreement complied with the relevant provisions of the Fair Work Act, including those related to the protection of vulnerable employees and the provision of a safety net for employees. The Commission concluded that the agreement was in the best interests of the employees and approved it.

The Commission's decision was a significant victory for the employer, as it provided certainty and stability in the employment relationship. The approval of the agreement also provided a framework for the resolution of future disputes and ensured that the employees were protected under a fair and reasonable agreement. The decision also provided guidance to other employers and unions on the requirements of a valid and enforceable enterprise agreement.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established