DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mercy Aged and Community Care Ltd T/A Mercy Health
(AG2019/218)

MERCY HEALTH AGED CARE VICTORIA, ANMF AND HSU ENTERPRISE AGREEMENT 2018

Aged care industry
COMMISSIONER GREGORY	MELBOURNE, 28 JUNE 2019

Application for approval of the Mercy Health Aged Care Victoria, ANMF and HSU Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Mercy Health Aged Care Victoria, 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 Mercy Aged and Community Care Ltd T/A Mercy Health. 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] 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) I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 July 2019. The nominal expiry date of the Agreement is 1 March 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Mercy Aged and Community Care Ltd, trading as Mercy Health, brought an application for the approval of a proposed enterprise agreement with the Australian Nursing and Midwifery Federation and the Health Services Union. The application was heard in the Fair Work Commission. The central dispute involved the terms and conditions of employment for staff within the Mercy Health organisation, particularly those covered by the proposed agreement.

The legal issues before the Commission centred on whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement met the 'better off overall test' (BOOT) and whether it included all mandatory terms and conditions as required by the Act. Additionally, the Commission considered whether the agreement was fairly and properly negotiated and if it contained any unfair provisions that might contravene the public interest.

The Fair Work Commission found that the proposed agreement met the BOOT, as it provided employees with improved wages and conditions compared to their previous employment terms. The Commission also confirmed that the agreement included all mandatory terms and conditions and was the product of a genuine and fair negotiation process. It concluded that no terms were unfair or contrary to the public interest. Accordingly, the Commission approved the Mercy Health Aged Care Victoria, ANMF and HSU Enterprise Agreement 2018.

The Commission's final orders included the approval of the enterprise agreement, which would now apply to the relevant employees within the Mercy Health organisation. The agreement was set to commence on a date specified within the terms of the approval.

Mercy Aged and Community Care Ltd T/A Mercy Health

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established