BCP Health and Aged Care Pty Ltd Summary

[2013] FWCA 1952

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BCP Health and Aged Care Pty Ltd
(AG2013/4849)

BCP HEALTH AND AGED CARE, NSWNA & HSU NSW BRANCH ENTERPRISE AGREEMENT 2012

Aged care industry
COMMISSIONER GOOLEY	MELBOURNE, 28 MARCH 2013

Application for approval of the BCP Health and Aged Care, NSWNA & HSU NSW Branch Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the BCP Health and Aged Care, NSWNA & HSU NSW Branch Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by BCP Health and Aged Care Pty 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.

[4] The New South Wales Nurses and Midwives’ Association and the Australian Nursing Federation – New South Wales Branch, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Health Services Union - New South Wales Branch, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement was approved on 28 March 2013 and, in accordance with s.54, will operate from 4 April 2013. The nominal expiry date of the Agreement is 30 September 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the Fair Work Commission, BCP Health and Aged Care Pty Ltd, along with NSW Nurses and Midwives' Association and Health Services Union NSW Branch, applied for the approval of the BCP Health and Aged Care, NSWNA & HSU NSW Branch Enterprise Agreement 2012. The dispute concerned whether the proposed enterprise agreement should be certified as a registered agreement, as defined under the Fair Work Act 2009. The applicants argued that the agreement should be approved due to its compliance with relevant legal standards, while no party opposed the application.

The legal issues before the commission centred on whether the agreement met the criteria for approval, including whether it contained only matters that could be the subject of a registered agreement, if it was free from prohibited content, and whether it was properly made and included appropriate dispute resolution procedures. The commission also had to consider the application's compliance with the Good Faith Bargaining provisions outlined in the Act.

The Fair Work Commission found that the agreement was properly made, contained only matters that could be the subject of a registered agreement, and did not include any prohibited content. The commission was satisfied that the applicants had engaged in genuine good faith bargaining, meeting all the requirements under the Fair Work Act. Consequently, the commission certified the BCP Health and Aged Care, NSWNA & HSU NSW Branch Enterprise Agreement 2012 as a registered agreement, effective from the date of the decision.

BCP Health and Aged Care Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established