DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mercy Community Services Inc. t/a MercyCare
(AG2015/5555)

MERCY COMMUNITY SERVICES INC. AGED CARE SERVICES ENTERPRISE AGREEMENT 2015

Aged care industry
COMMISSIONER ROE	MELBOURNE, 29 SEPTEMBER 2015

Application for approval of the Mercy Community Services Inc. Aged Care Services Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Mercy Community Services Inc. Aged Care Services Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mercy Community Services Inc. t/a MercyCare. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Australian Nursing and Midwifery Federation and United Voice 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 these organisations.

[4] The Agreement was approved on 29 September 2015 and, in accordance with s.54, will operate from 6 October 2015. The nominal expiry date of the Agreement is 29 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Mercy Community Services Inc., trading as MercyCare, sought approval for the Aged Care Services Enterprise Agreement 2015. The Fair Work Commission was the forum for this application, with the matter concerning the terms and conditions of employment for employees within the aged care sector.

The legal issues central to this case revolved around whether the proposed agreement was fair and reasonable in all its aspects. This included an assessment of whether the agreement met the statutory requirements outlined in the Fair Work Act 2009, ensuring it provided for appropriate terms and conditions of employment. The court also needed to determine if the agreement was consistent with the principles of the national workplace relations system, including fairness and productivity.

The Fair Work Commission, in its decision, examined the contents of the agreement meticulously, considering factors such as the nature of the workforce, the bargaining positions of the parties, and the economic context. The Commission found that the agreement was fair and reasonable, taking into account the need for a balance between the interests of the employees and the operational needs of MercyCare. The agreement was deemed to meet all necessary criteria and was approved accordingly.

The final orders confirmed the approval of the Mercy Community Services Inc. Aged Care Services Enterprise Agreement 2015, affirming its validity and enforceability under the Fair Work Act 2009.

Mercy Community Services Inc. t/a MercyCare

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established