Moran Australia (Residential Aged Care) Pty Limited t/a Moran Aged Care
[2024] FWCA 3557
•10 OCTOBER 2024
| [2024] FWCA 3557 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Moran Australia (Residential Aged Care) Pty Limited t/a Moran Aged Care
(AG2024/3249)
MORAN AUSTRALIA (RESIDENTIAL AGED CARE) PTY LIMITED NSW ENTERPRISE AGREEMENT 2023
| Aged care industry | |
| DEPUTY PRESIDENT ROBERTS | SYDNEY, 10 OCTOBER 2024 |
Application for approval of the Moran Australia (Residential Aged Care) Pty Limited NSW Enterprise Agreement 2023
An application has been made for approval of an enterprise agreement known as the Moran Australia (Residential Aged Care) Pty Limited NSW Enterprise Agreement 2023 (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 t/a Moran Aged Care (the Applicant). The Agreement is a single enterprise agreement.
The Applicant has provided written undertakings (Annexure A). In accordance with s.190(4) of the Act the views of the bargaining representatives for the Agreement were sought in relation to the undertakings. The Australian Nursing and Midwifery Federation (NSW Branch) (ANMF) being a bargaining representative for the Agreement advises that supported the undertakings numbered 1 and 2 provided by the Applicant. Undertaking number 3 was not supported by the ANMF, however the undertaking provided addresses a concern I had raised under s.190(1) of the Act in relation to the rates payable to enrolled nurses undergoing pre-registration training who were 21 years of age and over. 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. I propose to accept all of the undertakings provided.
Taking into account the undertakings referred to above and the material filed in support of the application, I am satisfied that each requirement of ss186, 187 and 188 as is relevant to this application for approval has been met. The undertakings are taken to be a term of the Agreement.
I note that Clause 6 of the Agreement provides that where this Agreement also has provisions regarding matters dealt with under the National Employment Standards (NES) and the provisions in the NES set out in the Act are more favourable to an Employee in a particular respect than those provisions, then the NES will prevail in that respect and the provisions dealing with that matter in this Agreement will have no effect in respect of that Employee.
I note that Clause 45 of the Agreement provides that a workplace delegate as defined by the Act and the relevant Award, will derive their entitlements in accordance with the delegates’ rights clauses in the applicable Award.
The ANMF and the Health Services Union NSW/ACT/QLD (HSU) lodged Form F18 statutory declarations giving notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note the Agreement covers the ANMF and the HSU.
The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 June 2026.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE526354 PR780112>
Annexure A
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