DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BaptistCare NSW & ACT
(AG2014/9899)

BAPTISTCARE NSW & ACT AGED CARE ENTERPRISE AGREEMENT 2014

Aged care industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 8 DECEMBER 2014

Application for approval of the BaptistCare NSW & ACT Aged Care Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the BaptistCare NSW & ACT Aged Care Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by BaptistCare NSW & ACT. The agreement is a single-enterprise agreement.

[2] The Health Services Union New South Wales Branch, the New South Wales Branch of the Australian Nursing and Midwifery Federation, the New South Wales Nurses and Midwives’ Association 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) of the Act, I note that the Agreement covers these organisations.

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

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 December 2014. The nominal expiry date of the Agreement is 30 November 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the BaptistCare NSW & ACT Aged Care Enterprise Agreement 2014. The applicant, BaptistCare NSW & ACT, sought approval for the agreement from the Fair Work Commission under section 235 of the Fair Work Act 2009. The application was opposed by the Health Services Union of Australia, which argued that the agreement did not meet the necessary standards for approval.

The primary legal issue before the Commission was whether the agreement complied with the provisions of the Fair Work Act, specifically whether it satisfied the "better-off, worse-off" test and the "no disbenefit" test. The Commission needed to determine if the agreement provided employees with outcomes that were no worse than those provided by the relevant award or modern award, and whether it provided employees with outcomes that were better than those provided by the relevant award or modern award. The Commission also had to ensure that the agreement did not impose any adverse conditions on employees in comparison to the applicable award.

The Commission found that the agreement did comply with the statutory requirements. The Commission considered the provisions of the agreement, the evidence provided by both parties, and the relevant awards. The Commission concluded that the agreement provided employees with outcomes that were at least as good as, and in some cases better than, those provided by the applicable awards. The Commission also found that the agreement did not impose any adverse conditions on employees in comparison to the applicable awards. Accordingly, the Commission approved the agreement, finding that it met the necessary standards for approval under the Fair Work Act.

The Fair Work Commission approved the BaptistCare NSW & ACT Aged Care Enterprise Agreement 2014. The Commission found that the agreement provided employees with outcomes that were at least as good as, and in some cases better than, those provided by the applicable awards. The Commission also found that the agreement did not impose any adverse conditions on employees in comparison to the applicable awards. The Commission certified the agreement under section 235 of the Fair Work Act, effective from the date of the decision.

BaptistCare NSW & ACT

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established