DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Baptcare Ltd
(AG2018/3537)

BAPTCARE COMMUNITY CARE, ANMF AND HSU ENTERPRISE AGREEMENT 2017

Health and welfare services
DEPUTY PRESIDENT MASSON	MELBOURNE, 4 FEBRUARY 2019

Application for approval of the Baptcare Community Care, ANMF and HSU Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Baptcare Community Care, ANMF and HSU Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Baptcare Ltd. 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 referred to above, 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] I note that Clauses 25, 52.6, 52.8 are inconsistent with the National Employment Standards in regards to casual employees and personal and carer’s leave. Given the National Employment Standards precedence clause at clause 6.1 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[5] The Australian Nursing and Midwifery Federation and Health Services Union of Australia T/A Health Workers Union 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 February 2019. The nominal expiry date of the Agreement is 31 January 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Baptcare Limited, an entity providing aged care services, applied for approval of an enterprise agreement with the Australian Nursing and Midwifery Federation and the Health Services Union. The application was heard in the Fair Work Commission. The legal issues before the Commission were whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and the Fair Work Regulations 2009, and whether it was in the interests of the employees covered by the agreement.

The Commission found that the agreement was procedurally valid and met the requirements of the Fair Work Act and Regulations. It was determined that the agreement provided for the appropriate bargaining period, included essential terms and conditions, and was certified by an independent certifier. Furthermore, the agreement was found to be in the best interests of the employees, as it provided for fair and reasonable terms, including provisions for wages, hours of work, leave, and other employment conditions.

Following its determination, the Commission approved the agreement, which will now apply to the employees of Baptcare Limited. The approval ensures that the agreement is legally binding and enforceable, providing certainty for both the employer and employees. The decision highlights the importance of compliance with the relevant legislation and the need for agreements to be in the best interests of the employees they cover.

Baptcare Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established