DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Moran Australia (Residential Aged Care) Pty Limited
(AG2020/735)

MORAN AUSTRALIA (RESIDENTIAL AGED CARE) PTY LIMITED VICTORIA ENTERPRISE AGREEMENT 2020

Aged care industry
COMMISSIONER WILSON	MELBOURNE, 27 MARCH 2020

Application for approval of the Moran Australia (Residential Aged Care) Pty Limited Victoria Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Moran Australia (Residential Aged Care) Pty Limited Victoria Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Moran Australia (Residential Aged Care) Pty Limited. 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.

[3] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] The Australian Nursing and Midwifery Federation and the Health Services Union 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 3 April 2020. The nominal expiry date of the Agreement is 28 February 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Moran Australia (Residential Aged Care) Pty Limited and the relevant union representatives. The dispute centred around the application for the approval of the Moran Australia (Residential Aged Care) Pty Limited Victoria Enterprise Agreement 2020. The matter was heard by the Fair Work Commission, a tribunal in Australia responsible for the resolution of workplace disputes.

The legal issues that the court had to address included whether the proposed enterprise agreement was genuinely negotiated, if it complied with the requirements of the Fair Work Act 2009, and if it contained the necessary protections and entitlements for the employees. The court also had to consider the impact of the agreement on the employees and the employer, as well as the overall fairness of the agreement.

The Fair Work Commission found that the proposed enterprise agreement was genuinely negotiated, complied with the relevant legislation, and contained adequate protections and entitlements for the employees. The Commission also determined that the agreement was fair and reasonable, taking into account the needs and interests of both the employees and the employer. As a result, the court approved the Moran Australia (Residential Aged Care) Pty Limited Victoria Enterprise Agreement 2020.

Moran Australia (Residential Aged Care) Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established