Application by The Trustee For Menarock Aged Care Services (Claremont) Trust Trading AS Menarock Life Claremont (The Gardens)
What happened
Menarock Aged Care Services (Claremont) Pty Ltd applied to the Fair Work Commission for approval of a new enterprise agreement, the Menarock Aged Care Services (Claremont) Pty Ltd Non-Nursing Enterprise Agreement 2026. The agreement covers non-nursing staff. The Health Services Union and Australian Nursing & Midwifery Federation, representing employees, supported the agreement. The application also sought to correct typographical errors and a cross-referencing error in the agreement.
What was decided
The Fair Work Commission approved the enterprise agreement, noting it would not cause financial detriment to employees and would prevail over inconsistent National Employment Standards. The Commission also approved variations to correct typographical errors, including removing the word 'Group' from the employer's name and correcting a cross-reference. The agreement will operate from August 21, 2026, and expire on December 31, 2027.
What it means for employers
Employers should carefully proofread enterprise agreements to avoid typographical errors and ensure cross-references are accurate. Correcting errors via s 218A is possible, but preventative measures are preferable.
What it means for employees
Employees covered by the agreement will receive the entitlements outlined in the agreement. Where the agreement conflicts with the National Employment Standards, the more beneficial entitlements in the NES will apply.
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