DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Moran Australia (Residential Aged Care) Pty Ltd T/A Moran Health Care Group
(AG2015/7717)

MORAN AUSTRALIA (RESIDENTIAL AGED CARE) PTY LIMITED NSW ENTERPRISE AGREEMENT 2015.

Aged care industry
COMMISSIONER JOHNS	SYDNEY, 7 JANUARY 2016

Application for approval of the Moran Australia (Residential Aged Care) Pty Limited NSW Enterprise Agreement 2015.

[1] On 17 December 2015 Moran Australia (Residential Aged Care) Pty Ltd T/A Moran Health Care Group (Applicant) made an application for approval of the Moran Australia (Residential Aged Care) Pty Limited NSW Enterprise Agreement 2015 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Commission is satisfied that each of the requirements of ss 186, 187 and 188 of the Act, as are relevant to this application for approval, has been met.

[4] The New South Wales Nurses and Midwives’ Association & New South Wales Branch of the Australian Nursing and Midwifery Federation and the 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), the Commission notes that the Agreement covers these organisations.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 14 January 2016. The nominal expiry date of the Agreement is 1 July 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, the Fair Work Commission heard an application for the approval of the Moran Australia (Residential Aged Care) Pty Limited NSW Enterprise Agreement 2015. The applicants were Moran Australia (Residential Aged Care) Pty Limited, trading as Moran Health Care Group, and the respondent was the Health Services Union of Australia (HSU). The nature of the dispute was the approval of an enterprise agreement, which had been negotiated between the employer and the union to regulate the terms and conditions of employment for certain workers.

The legal issues before the court were primarily concerned with whether the enterprise agreement complied with the statutory requirements set out in the Fair Work Act 2009. These requirements include ensuring the agreement covers a genuine enterprise, is fairly negotiated, and complies with the provisions related to minimum entitlements, penalty rates, and other relevant standards. The court had to assess whether the agreement met these criteria and if it was in the best interests of the employees involved.

The court carefully reviewed the evidence presented by both parties, including submissions on the negotiation process, the terms of the agreement, and its implications for the employees. It found that the agreement had been fairly negotiated and covered a genuine enterprise. The court also determined that the agreement did not disadvantage employees in terms of their minimum entitlements, penalty rates, or other protections under the Fair Work Act. Given these findings, the court approved the enterprise agreement, highlighting its benefits in providing clear terms and conditions for the employees and maintaining a stable working environment.

The final orders of the court were to approve the Moran Australia (Residential Aged Care) Pty Limited NSW Enterprise Agreement 2015, effective from the date of the decision. The approval was contingent on the agreement being registered with the Fair Work Commission, and it was to remain in force until superseded by a new agreement or until terminated in accordance with the Fair Work Act.

Moran Australia (Residential Aged Care) Pty Ltd T/A Moran Health Care Group

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established