DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bankstown City Aged Care Ltd
(AG2014/10104)

BCAC, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2014 - 2017.

Aged care industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 9 DECEMBER 2014

Application for approval of the BCAC, NSWNMA and HSU NSW Enterprise Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the BCAC, NSWNMA and HSU NSW Enterprise Agreement 2014 - 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bankstown City Aged Care Ltd. The agreement is a single-enterprise agreement.

[2] The Health Services Union New South Wales Branch, the New South Wales Branch of the Australian Nursing and Midwifery Federation and the New South Wales Nurses and Midwives’ Association, 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) of the Act, I note that the Agreement covers these organisations.

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

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 December 2014. The nominal expiry date of the Agreement is 30 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Bankstown City Aged Care Ltd, along with the New South Wales Nurses and Midwives Association (NSWNMA) and Health Services Union New South Wales (HSU NSW), sought approval of an enterprise agreement for the period of 2014 to 2017. The application was made before the Fair Work Commission (FWC). The dispute centred around the terms and conditions of employment, including wages, working hours, and other workplace entitlements, as outlined in the proposed enterprise agreement.

The key legal issues before the FWC were whether the proposed agreement complied with the requirements of the Fair Work Act 2009 and whether it was in the best interests of the employees. This involved scrutinising the agreement to ensure it met the "better off overall test" and did not unfairly disadvantage any party. The FWC also had to determine whether the agreement provided for genuine bargaining and if it contained appropriate mechanisms for resolving disputes.

The FWC found that the proposed enterprise agreement met the necessary legislative requirements and was in the best interests of the employees. The agreement was deemed to be fairly negotiated and provided adequate protections and benefits. The FWC approved the agreement, noting the balance it struck between the rights and needs of the employees and the operational requirements of the employer. The court's reasoning highlighted the importance of ensuring fair and equitable treatment for all parties involved.

The final order was the approval of the Bankstown City Aged Care Ltd, NSWNMA and HSU NSW Enterprise Agreement 2014 - 2017, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the employment conditions for the specified period.

Bankstown City Aged Care Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established