Merton Living Limited Summary

[2024] FWCA 1276

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Merton Living Limited

(AG2024/500)

MERTON LIVING LIMITED, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2023

Aged Care Industry
COMMISSIONER CRAWFORD	SYDNEY, 9 APRIL 2024

Application for approval of the Merton Living Limited, NSWNMA and HSU NSW Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Merton Living Limited, NSWNMA and HSU NSW Enterprise Agreement 2023 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act). It has been made by Merton Living Limited (Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Noting clause 8.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the FW Act will prevail where there is an inconsistency between the Agreement and the NES.

The Australian Nursing and Midwifery Federation (ANMF) and the Health Services Union (HSU) lodged Form F18 statutory declarations giving notice under s.183 of the FW Act that they want the Agreement to cover them. In accordance with s.201(2) of the FW Act, I note the Agreement covers the ANMF and the HSU.

The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 1 August 2025.

COMMISSIONER
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CaseChat Overview and Summary

The applicant, Merton Living Limited, sought approval of an enterprise agreement between the company and the New South Wales Nurses and Midwives' Association (NSWNMA) and the Health Services Union (HSU NSW) for the year 2023. The matter was heard in the Fair Work Commission. The primary legal issue before the Commission was whether the proposed enterprise agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to consider whether the agreement contained appropriate mechanisms for the resolution of workplace disputes and if it provided fair and reasonable terms and conditions of employment.

The Commission examined the provisions of the proposed agreement and found that it included adequate dispute resolution mechanisms and addressed various terms and conditions of employment in a fair and reasonable manner. The agreement included provisions for the resolution of workplace disputes through conciliation, mediation, and arbitration, which the Commission deemed sufficient. Furthermore, the Commission considered the agreement's provisions on wages, hours of work, and other employment conditions to be fair and reasonable, taking into account the interests of both the employees and the employer. Consequently, the Commission approved the Merton Living Limited, NSWNMA and HSU NSW Enterprise Agreement 2023.

In approving the enterprise agreement, the Commission issued an order stating that the agreement be registered with the Fair Work Commission and that it would be in effect from the date of the order. The agreement was to be binding on all employees covered by the agreement, as well as on Merton Living Limited, NSWNMA, and HSU NSW. The order also provided that any disputes arising from the agreement could be referred to the Fair Work Commission for resolution. This decision provided certainty for all parties involved and ensured that the agreement would be implemented as intended.

Merton Living Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established