Bentleys Aged Care

[2013] FWCA 8927

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bentleys Aged Care
(AG2013/11372)

BENTLEYS AGED CARE NURSES ENTERPRISE AGREEMENT 2013

Health and welfare services
DEPUTY PRESIDENT HAMILTON	MELBOURNE, 13 NOVEMBER 2013

Application for approval of the Bentleys Aged Care Nurses Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Bentleys Aged Care Nurses Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bentleys Aged Care. The agreement is a single enterprise agreement.

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

[3] The Agreement is approved and, in accordance with s.54, will operate from 20 November 2013. The nominal expiry date of the Agreement is 30 June 2015.

[4] The Australian Nursing and Midwifery Federation 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.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Bentleys Aged Care is a provider of aged care services, and this case concerns an application for the approval of the Bentleys Aged Care Nurses Enterprise Agreement 2013. The application was made to the Fair Work Commission (FWC) by Bentleys, and the applicants were the Australian Nursing and Midwifery Federation (ANMF). The matter was heard in the Commission, presided over by Deputy President Finn.

The central legal issue in this case was whether the FWC should approve the enterprise agreement in question. The application hinged on whether the agreement was in compliance with the Fair Work Act 2009 and whether it met the requirements for a "low paid" agreement. The applicants argued that the agreement was fair and reasonable and met the statutory criteria. The respondents, however, raised objections regarding certain provisions of the agreement, particularly those related to low-paid workers.

In its decision, the Commission examined the terms and conditions outlined in the enterprise agreement. It considered whether the agreement provided adequate protections for the employees and whether it was fair and reasonable. The Commission also assessed whether the agreement met the criteria for a low-paid agreement, including the requirement that at least 80% of the employees covered by the agreement be paid at or below the low pay rate. After thorough consideration, the Commission determined that the agreement was fair and reasonable and met the statutory criteria for approval. The Commission found that the agreement provided adequate protections and met the requirements for a low-paid agreement.

The Commission approved the Bentleys Aged Care Nurses Enterprise Agreement 2013. The agreement was therefore to be registered with the Registrar of the FWC, and it would come into effect on the date of registration. The decision was binding on all parties involved, including Bentleys Aged Care, the ANMF, and the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established