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

Annexure A

CaseChat Overview and Summary

The applicant, Moran Australia (Residential Aged Care) Pty Limited, sought approval of the Moran Australia (Residential Aged Care) Pty Limited NSW Enterprise Agreement 2018 under the Fair Work Act 2009. The application was opposed by the Australian Nursing and Midwifery Federation, who raised concerns about the agreement's impact on employees within the residential aged care sector. The matter was heard in the Federal Circuit Court.

The primary legal issues before the court were whether the agreement met the requirements of the Fair Work Act 2009 and whether it was in the best interests of the employees. This involved examining if the agreement appropriately covered the employees, provided adequate protections, and was fairly negotiated. The court also had to consider if the agreement would promote harmonious, productive, and cooperative workplace relationships.

The court found that the agreement substantially met the requirements of the Fair Work Act 2009 and was in the best interests of the employees. The agreement was deemed to be fairly negotiated, covered the employees adequately, and provided necessary protections. The court also noted that the agreement promoted cooperative workplace relationships and was consistent with the principles of the Act. The opposition was dismissed, and the agreement was approved.

The court's final orders included the approval of the Moran Australia (Residential Aged Care) Pty Limited NSW Enterprise Agreement 2018, effective from 1 July 2018. The agreement was to be registered with the Fair Work Commission and would apply to the employees covered by the agreement.

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