Application by Menarock Aged Care Services (Claremont) Pty Ltd Trading AS The Gardens
Citation: [2026] FWCA 2210
What happened
Menarock Aged Care Services (Claremont) Pty Ltd applied to the Fair Work Commission for approval of its Nursing Enterprise Agreement 2026. The Health Services Union and Australian Nursing & Midwifery Federation, representing employees, supported the agreement. The application sought approval under section 185 of the Fair Work Act 2009. The company also sought to correct typographical errors in the agreement under section 218A of the Act, including incorrect company names and logos.
What was decided
The Fair Work Commission approved the Menarock Aged Care Services (Claremont) Pty Ltd Nursing Enterprise Agreement 2026, effective from 21 August 2026, expiring 31 December 2027. The Commission also varied the agreement to correct typographical errors, effective from 14 July 2026. The Commission was satisfied the agreement met all relevant requirements and would not cause financial detriment to employees. Clauses potentially inconsistent with the National Employment Standards were noted, but the NES will prevail.
What it means for employers
Employers should ensure enterprise agreements are carefully drafted and reviewed for accuracy, including legal names and logos. Section 218A provides a process for correcting errors, but prevention is preferable. Agreements must also comply with the National Employment Standards.
What it means for employees
Employees covered by the agreement will benefit from the terms outlined in the Nursing Enterprise Agreement 2026. Where the agreement conflicts with the National Employment Standards, the NES will apply.
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections