DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Baptcare Ltd T/A Baptcare Karingal Community Care
(AG2019/2415)

BAPTCARE LTD. TRADING AS BAPTCARE KARINGAL COMMUNITY CARE ENTERPRISE BARGAINING AGREEMENT 2019

Health and welfare services
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 22 AUGUST 2019

Application for approval of the Baptcare Ltd. trading as Baptcare Karingal Community Care Enterprise Bargaining Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Baptcare Ltd. trading as Baptcare Karingal Community Care Enterprise Bargaining Agreement 2019 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Baptcare Ltd T/A Baptcare Karingal Community Care (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Australian Nursing and Midwifery Federation, and Health Services Union of Australia, 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), I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 August 2019. The nominal expiry date of the Agreement is 31 December 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Baptcare Ltd, trading as Baptcare Karingal Community Care, which applied for the approval of its Enterprise Bargaining Agreement 2019. The application was heard by the Fair Work Commission. The nature of the dispute was centred on the terms and conditions of employment for staff within the community care sector, specifically those employed by Baptcare Karingal. The parties in the dispute included the applicant, the employer, and the employees represented by the Australian Nurses and Midwifery Federation.

The legal issues before the court were multifaceted, involving the interpretation and application of various sections of the Fair Work Act 2009, as well as the Fair Work Regulations 2009. The court had to determine whether the proposed agreement met the statutory requirements for approval, including whether it provided for proper terms and conditions of employment, and whether it was made in good faith and without coercing employees. The court also examined whether the agreement contained provisions that were contrary to public policy or were otherwise invalid.

The court, after careful consideration of the evidence and arguments presented, found that the proposed Enterprise Bargaining Agreement 2019 complied with the statutory requirements. The agreement was deemed to be made in good faith and without coercion, and it contained provisions that were not contrary to public policy. The court highlighted the fairness and reasonableness of the terms and conditions outlined in the agreement, which were considered to be appropriate for the employees of Baptcare Karingal. Consequently, the court approved the agreement, finding it to be a fair and reasonable document that adequately protected the interests of both the employer and the employees.

In conclusion, the court approved the proposed Enterprise Bargaining Agreement 2019, recognising it as a fair and reasonable document that met all statutory requirements for approval. The agreement was found to provide appropriate terms and conditions of employment for the employees of Baptcare Karingal, ensuring their interests were adequately protected. The approval of the agreement was a significant step forward in formalising the employment relationship between Baptcare Karingal and its employees, setting a precedent for future negotiations and agreements in the community care sector.

Baptcare Ltd T/A Baptcare Karingal Community Care

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established