DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Moran Australia (Residential Aged Care) Pty Ltd T/A Moran Roxburgh Park
(AG2015/2410)

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

Aged care industry
COMMISSIONER CRIBB	MELBOURNE, 24 APRIL 2015

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

[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 2015 (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 Ltd T/A Moran Roxburgh Park. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australian Nursing and Midwifery Federation (ANMF) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement was approved in Chambers on 24 April 2015 and, in accordance with s.54 of the Act, will operate from 1 May 2015. The nominal expiry date of the Agreement is 31 January 2018.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Moran Australia (Residential Aged Care) Pty Ltd, trading as Moran Roxburgh Park, applied for the approval of the Moran Australia (Residential Aged Care) Pty Limited Victoria Enterprise Agreement 2015. The application involved the resolution of various industrial issues and the terms and conditions of employment for the employees of the respondent entity.

The primary legal issue before the court was whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009. This included determining if the agreement met the criteria for "registration" under the Act, including whether it provided for a "better off overall test" for the employees and contained necessary provisions for minimum wages, allowances, and conditions of employment. Additionally, the court needed to assess if the agreement was free from prohibited content and had been made in good faith.

The court found that the agreement satisfied all the legal requirements for approval. It provided for a better off overall test for the employees, included provisions for minimum wages, allowances, and conditions of employment, and was free from prohibited content. The agreement was also made in good faith, with the necessary procedural fairness observed in its negotiation and execution. Consequently, the court approved the Moran Australia (Residential Aged Care) Pty Limited Victoria Enterprise Agreement 2015. The approval was registered with the Fair Work Commission, effective from the date of the decision.

Moran Australia (Residential Aged Care) Pty Ltd T/A Moran Roxburgh Park

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established