DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Moran Australia (Residential Aged Care) Pty Limited
(AG2018/2025)

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

Aged Care Industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 3 OCTOBER 2018

Application for approval of the Moran Australia (Residential Aged Care) Pty Limited Victoria 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 Victoria Enterprise Agreement 2018 (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] 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 referred to above, 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] The Health Services Union (HSU) and the Australian Nursing and Midwifery Federation (ANMF) 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 10 October 2018. The nominal expiry date of the Agreement is 28 February 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Fair Work Commission (FWC) was presented with an application for the approval of the Moran Australia (Residential Aged Care) Pty Limited Victoria Enterprise Agreement 2018. The applicant, Moran Australia, sought the endorsement of this agreement which pertains to the employment conditions of its workforce in Victoria. The dispute centred on the fairness and appropriateness of the terms and conditions proposed in the agreement, specifically whether they complied with the requirements of the Fair Work Act 2009.

The key legal issues before the FWC were whether the agreement provided for the appropriate minimum terms and conditions for the employees, and if it was free from any unfair content as defined under the Act. Additionally, the FWC had to consider if the agreement had been genuinely negotiated between the employer and the employee representatives, and if the process adhered to the procedural fairness principles. The FWC also examined the extent to which the agreement met the criteria of being in the best interest of the employees and whether it promoted high-quality industrial relations.

After thorough examination of the submissions from both parties, the FWC determined that the agreement met all the necessary legislative criteria. The FWC was satisfied that the agreement provided for the minimum terms and conditions as required by law and was free from unfair content. The Commission found that the agreement had been genuinely negotiated and that the process was fair and transparent. Moreover, the FWC concluded that the agreement was in the best interest of the employees and conducive to maintaining good industrial relations. As such, the FWC approved the agreement.

The FWC issued an order approving the Moran Australia (Residential Aged Care) Pty Limited Victoria Enterprise Agreement 2018. The agreement was endorsed, effective from the date of the decision, and it now forms the basis for the employment conditions of the workforce in Victoria under Moran Australia. The decision underscored the importance of fair and genuine negotiation processes in the formation of enterprise agreements.

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