Moran Australia (Residential Aged Care) Pty Limited

[2019] FWCA 5247

[2019] FWCA 5247

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Moran Australia (Residential Aged Care) Pty Limited
(AG2018/7393)

MORAN AUSTRALIA (RESIDENTIAL AGED CARE) PTY LIMITED NSW ENTERPRISE AGREEMENT 2018

Health and welfare services
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 29 JULY 2019

Application for approval of the Moran Australia (Residential Aged Care) Pty Limited NSW Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Moran Australia (Residential Aged Care) Pty Limited NSW Enterprise Agreement 2018 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Moran Australia (Residential Aged Care) Pty Limited (Employer). 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, 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] I observe that clause 38.2(c) of the Agreement, which defines week’s pay for the purposes of redundancy as the average weekly earnings over the proceeding twelve months from the date of termination, is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 6 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Australian Nursing and Midwifery Federation, 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 August 2019. The nominal expiry date of the Agreement is 1 July 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE504631  PR710779>

Annexure A