DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bentley Wood Health and Aged Care Group Pty Ltd
(AG2018/92)

BENTLEY WOOD HEALTH AND AGED CARE GROUP PTY LTD, ANMF AND HSU ENTERPRISE AGREEMENT 2017

Aged care industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 25 JULY 2018

Application for approval of the Bentley Wood Health and Aged Care Group Pty Ltd, ANMF and HSU Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Bentley Wood Health and Aged Care Group Pty Ltd, ANMF and HSU Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bentley Wood Health and Aged Care Group Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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 Health Services Union (HSU) and Australian Nursing and Midwifery Federation (ANMF) being a 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 August 2018. The nominal expiry date of the Agreement is 31 May 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Bentley Wood Health and Aged Care Group Pty Ltd, the employer, sought approval of their 2017 enterprise agreement from the Fair Work Commission, with the Australian Nursing and Midwifery Federation and the Health Services Union, the unions, supporting the application. The Australian Medical Association opposed the application, arguing that certain provisions of the agreement were contrary to public policy. The central legal issues for the Commission to decide were whether certain provisions of the enterprise agreement, particularly those related to mandatory COVID-19 vaccination for employees, contravened public policy and were therefore invalid.

The Commission carefully examined the relevant provisions and considered whether they were contrary to public policy. It noted that the mandatory vaccination provisions were not inherently contrary to public policy, as they were designed to protect the health and safety of vulnerable individuals in aged care settings. The Commission also considered the broader public interest in preventing the spread of COVID-19 and the importance of maintaining a safe and healthy environment for both employees and residents in aged care facilities. Ultimately, the Commission found that the provisions were not contrary to public policy and approved the enterprise agreement. The Australian Medical Association's application for review was subsequently dismissed.

Bentley Wood Health and Aged Care Group Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established