Bentleys Aged Care

[2013] FWCA 8925

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bentleys Aged Care
(AG2013/11370)

BENTLEYS AGED CARE ENTERPRISE AGREEMENT 2013

Aged care industry
DEPUTY PRESIDENT HAMILTON	MELBOURNE, 13 NOVEMBER 2013

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

[1] An application has been made for approval of an enterprise agreement known as the Bentleys Aged Care 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 company operating in the aged care sector in Australia. The company sought approval for a new Enterprise Agreement, the Bentleys Aged Care Enterprise Agreement 2013, from the Fair Work Commission (FWC). The FWC was required to decide whether the agreement met the requirements of the Fair Work Act 2009 and whether it should be approved as a new enterprise agreement. The legal issues centred on the compliance of the agreement with the statutory criteria, particularly whether it was a genuine enterprise agreement, met the “better off overall test”, and did not contain any unfair provisions. The FWC had to examine the negotiation process, the contents of the agreement, and whether it provided for fair and reasonable terms and conditions of employment.

The FWC concluded that the Bentleys Aged Care Enterprise Agreement 2013 was a genuine enterprise agreement. The process of negotiation was found to be fair and reasonable, and the agreement satisfied the better off overall test. The FWC found that the proposed agreement provided for fair and reasonable terms and conditions of employment, taking into account the specific circumstances of the employees and the industry. The FWC determined that the agreement did not contain any unfair provisions and was, therefore, eligible for approval. The FWC approved the Bentleys Aged Care Enterprise Agreement 2013, which will now govern the employment conditions of the employees in the company. The approval ensures that the agreement is legally binding and enforceable, providing a framework for the terms and conditions of employment for the employees in the company.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established