DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Baptistcare Inc T/A Baptistcare
(AG2016/1380)

BAPTISTCARE RESIDENTIAL ENTERPRISE AGREEMENT 2015

Aged care industry
COMMISSIONER LEE	MELBOURNE, 28 JULY 2016

Application for approval of the Baptistcare Residential Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Baptistcare Residential Enterprise 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 Baptistcare Inc T/A Baptistcare. 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.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Australian Nursing and Midwifery Federation and United Voice, 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 4 August 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Baptistcare Inc T/A Baptistcare applied to the Fair Work Commission for approval of the Baptistcare Residential Enterprise Agreement 2015. The dispute involved the terms and conditions of employment for employees within the Baptistcare residential aged care services. The Commission was tasked with determining whether the agreement should be approved under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement met the "better off overall test" as required by section 234 of the Act. This test mandates that, after considering all factors, employees must be at least as well off under the proposed agreement as they would be under the applicable Award or existing agreement. Additionally, the Commission needed to assess if the agreement included terms that were procedurally and substantively fair.

In delivering its decision, the Commission considered the evidence presented by both parties, including submissions on the economic impact of the agreement and the views of the employees. The Commission found that the proposed agreement provided employees with improved terms and conditions, including increased wages and better leave provisions, which met the better off overall test. The Commission concluded that the agreement was fair and appropriate for approval. It noted that the proposed changes aligned with the objectives of the Act to promote harmonious, productive, and cooperative workplace relations.

The Commission approved the Baptistcare Residential Enterprise Agreement 2015, effective from the date of the decision. The approval was based on the finding that the agreement met the statutory requirements and was fair and appropriate. The approved agreement now sets the terms and conditions of employment for the employees covered by the agreement.

Baptistcare Inc T/A Baptistcare

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established