DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Bansley Pty Ltd T/A Carinya at Bicton
(AG2016/7366)

CARINYA AT BICTON ENTERPRISE AGREEMENT 2014

Aged care industry
COMMISSIONER WILLIAMS	PERTH, 8 DECEMBER 2016

Application for variation of the Carinya at Bicton Enterprise Agreement 2014.

[1] An application has been made for approval of a variation of the Carinya at Bicton Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act) by Bansley Pty Ltd T/A Carinya at Bicton. A list of proposed changes is attached to this decision as Attachment A.

[2] I am satisfied that each of the requirements of s.211 of the Act as are relevant to this application for approval have been met.

[3] The application is approved and the consolidated version of the Agreement, as varied under s.210 of the Act, is attached to this decision.

[4] In accordance with s.216 of the Act, the variation made pursuant to s.210 of the Act operates 7 days from the date of this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ATTACHMENT A

CaseChat Overview and Summary

In the Fair Work Commission, Bansley Pty Ltd, trading as Carinya at Bicton, sought a variation of the Carinya at Bicton Enterprise Agreement 2014. The application was brought by Bansley, who argued that changes in business operations necessitated amendments to the existing agreement to ensure continued operational efficiency and financial viability. The respondent, the Health Services Union of Australia, opposed the application, contending that the proposed changes would adversely affect the employees' conditions and entitlements.

The central legal issues before the commission involved whether the proposed changes were necessary and reasonable under the Fair Work Act 2009. Specifically, the commission had to assess whether the changes were in response to genuine operational requirements and whether they were fair and reasonable in terms of the impact on employees. The discussion centred on the balance between the employer's right to manage its business and the protection of employees' rights and conditions.

The commission found that the proposed changes were necessary to address significant operational challenges faced by Bansley. The evidence presented demonstrated that the changes were not merely opportunistic but were essential to maintaining the enterprise's financial sustainability and operational effectiveness. The commission also concluded that the changes were fair and reasonable, taking into account the employees' interests and the overall fairness of the proposed terms. Consequently, the application for variation was approved.

The final orders included the amendment of the Carinya at Bicton Enterprise Agreement 2014 to reflect the changes proposed by Bansley. The new agreement incorporated provisions that addressed the operational needs of the business while ensuring that the employees' conditions and entitlements were protected to a reasonable extent.

Bansley Pty Ltd T/A Carinya at Bicton

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established