DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Baptcare t/a Baptcare Ltd
(AG2016/1170)

BAPTCARE LTD. TRADING AS BAPTCARE KARINGAL COMMUNITY CARE ENTERPRISE BARGAINING AGREEMENT 2015

Tasmania
COMMISSIONER ROE	MELBOURNE, 22 JUNE 2016

Application for approval of the Baptcare Ltd. trading as Baptcare Karringal Community Care Enterprise Bargaining Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Baptcare Ltd. trading as Baptcare Karringal Community Care Enterprise Bargaining Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Baptcare t/a Baptcare Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 these organisations.

[5] The Agreement was approved on 22 June 2016 and, in accordance with s.54, will operate from 29 June 2016. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Baptcare t/a Baptcare Ltd was an application by the Australian Education Union (AEU) to the Fair Work Commission (FWC) for approval of a bargaining agreement. The applicant sought to have the agreement registered under section 234 of the Fair Work Act 2009. The applicant submitted that the agreement had been made between the employer, Baptcare, and the union, the AEU, after good faith bargaining. Baptcare Ltd is a not-for-profit organisation providing aged care services, and the AEU is a union representing employees in the aged care sector. The FWC was required to determine whether the agreement met the requirements of section 235 of the Fair Work Act, specifically whether the agreement was made in good faith and whether it contained the necessary prescribed terms. The FWC noted that the agreement contained all the prescribed terms, including minimum wages, penalty rates, and leave provisions. The FWC also considered the process by which the agreement was made, including the parties' conduct during bargaining. The FWC found that the agreement had been made in good faith and contained all the necessary prescribed terms. The FWC approved the agreement and registered it under section 234 of the Fair Work Act. The FWC noted that the agreement provided for fair and reasonable terms and conditions for employees, and that the parties had engaged in genuine bargaining to reach the agreement. The FWC also noted that the agreement provided for a dispute resolution process and included provisions for the protection of employees' rights. The FWC made an order approving the agreement and registering it under section 234 of the Fair Work Act.

Baptcare t/a 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