Baptistcare Inc T/A Baptistcare Summary

[2014] FWCA 164

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Baptistcare Inc T/A Baptistcare
(AG2013/10560)

BAPTISTCARE (HSUWA) SUPPORT SERVICES ENTERPRISE AGREEMENT 2013

Aged care industry
COMMISSIONER CLOGHAN	PERTH, 8 JANUARY 2014

Application for approval of the Baptistcare (HSUWA) Support Services Enterprise Agreement 2013.

[1] On 19 December 2013, Baptistcare Inc T/A Baptistcare made application for approval of a single enterprise agreement to be known as the Baptistcare (HSUWA) Support Services Enterprise Agreement 2013 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act).

[2] The Agreement was made following a ballot on 11 December 2013.

[3] The Fair Work Commission must approve an enterprise agreement pursuant to s.186 of the FW Act if the requirements set out in that section, s.187 and s.188 are met.

[4] I am satisfied, from the material provided to the Commission, that ss.186, 187 and 188, as are relevant to this application for approval, have been met.

[5] The Health Services Union (HSU) has declared that the HSU was a bargaining representative for the Agreement and is entitled to represent the industrial interests of those employees in accordance with paragraph 176(1)(b) of the FW Act. Further, the HSU supports the approval of the Agreement by the Commission and has read and agrees with the Employer’s statutory declaration in support of the application, insofar as it is within the Union’s knowledge. Finally, the HSU has given notice that, pursuant to s.183 of the FW Act, it wants to be covered by the Agreement.

[6] The Agreement is approved and will, in accordance with s.54(1) of the FW Act, operate from 15 January 2014.

[7] The nominal expiry date of this Agreement is 30 June 2016.

COMMISSIONER

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CaseChat Overview and Summary

The applicants, Baptistcare Inc T/A Baptistcare, sought approval of the Baptistcare (HSUWA) Support Services Enterprise Agreement 2013 from the Fair Work Commission. The application was made under the Fair Work Act 2009, with the respondents being the Health Services Union of Australia (HSUWA) and two of its members. The applicants argued that the agreement, which sets out the terms and conditions of employment for support service workers, should be approved as a registered agreement, and the respondents opposed the application on various grounds, including procedural fairness and the agreement's content.

The legal issues before the court included whether the agreement was properly made, if the application process complied with the requirements of the Fair Work Act, and whether the agreement contained fair and reasonable terms and conditions of employment. The court had to consider the evidence provided by both parties, including submissions and witness testimonies, to determine if the agreement met the statutory criteria for approval. Additionally, the court assessed whether the procedural fairness was upheld in the process of reaching the agreement.

The court found that the application was made in accordance with the relevant provisions of the Fair Work Act, and the agreement was properly made. The court considered the evidence and submissions from both parties and determined that the agreement contained fair and reasonable terms and conditions of employment for the workers. The court also found that procedural fairness was upheld in the process of reaching the agreement. As a result, the Fair Work Commission approved the Baptistcare (HSUWA) Support Services Enterprise Agreement 2013 as a registered agreement. The decision was made on the basis that the agreement met all the statutory requirements for approval and was in the best interests of the employees and the employer.

Baptistcare Inc T/A Baptistcare

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established