DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mircourt Pty Ltd T/A Miranda Aged Care
(AG2017/2948)

MIRCOURT PTY LTD, NSWNMA, ANMF NSW BRANCH AND HSU NEW SOUTH WALES BRANCH ENTERPRISE AGREEMENT 2017

Health and welfare services
COMMISSIONER SAUNDERS	MELBOURNE, 5 SEPTEMBER 2017

Application for approval of the Mircourt Pty Ltd, NSWNMA, ANMF NSW Branch and HSU New South Wales Branch Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as Mircourt Pty Ltd, NSWNMA, ANMF NSW Branch and HSU New South Wales Branch Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mircourt Pty Ltd T/A Miranda Aged Care.The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[6] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[7] The Australian Nursing and Midwifery Federation, New South Wales Nurses and Midwives’ Association and 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.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 September 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves an application for the approval of the Mircourt Pty Ltd, trading as Miranda Aged Care, Enterprise Agreement 2017. The application was made by the employer, Mircourt Pty Ltd, as well as the NSW Nurses and Midwives' Association, the Australian Nursing and Midwifery Federation NSW Branch, and the Health Services Union New South Wales Branch, which are the relevant trade unions. The Fair Work Commission was the court tasked with deciding whether the agreement should be approved.

The central legal issue before the Commission was whether the Enterprise Agreement 2017 complied with the relevant statutory requirements. This involved assessing if the agreement contained the necessary provisions, was free from prohibited content, and was made in good faith. The Commission also considered whether the agreement met the requirements for being a low-paid industry agreement, which would entitle it to certain procedural advantages.

The Fair Work Commission found that the Enterprise Agreement 2017 met all the necessary statutory requirements. The Commission noted that the agreement contained the appropriate provisions, was free from prohibited content, and was made in good faith. Additionally, the agreement was determined to be a low-paid industry agreement, entitling it to the relevant procedural advantages. Based on these findings, the Commission approved the agreement.

The Fair Work Commission approved the Mircourt Pty Ltd, NSWNMA, ANMF NSW Branch and HSU New South Wales Branch Enterprise Agreement 2017. This approval means that the agreement can now be registered with the Registrar of the Fair Work Commission, and will then be in effect from the date of registration. The approval signifies that the agreement complies with the necessary statutory requirements and can now be implemented by the parties involved.

Mircourt Pty Ltd T/A Miranda Aged Care

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established