DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bethany Christian Care
(AG2020/3855)

BETHANY CHRISTIAN CARE - NURSES ENTERPRISE AGREEMENT 2020

Aged Care
DEPUTY PRESIDENT CROSS	SYDNEY, 23 MARCH 2021

Application for approval of the Bethany Christian Care - Nurses Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Bethany Christian Care - Nurses Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Bethany Christian 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, with the provision of written undertakings addressing miscellaneous matters. Copies of the undertakings are attached to this decision and marked “Annexure A.” I note that the undertakings are taken to be terms of the Agreement.

[3] The Australian Nursing and Midwifery Federation-QNMU Branch, being bargaining representatives for the Agreement, have given notice under s.183 of the Act they want the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers those organisations.

[4] The Agreement was approved on 23 March 2021 and, in accordance with s.54 of the Act, will operate from 30 March 2021. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Bethany Christian Care Limited made an application to the Fair Work Commission to approve the proposed Nurses Enterprise Agreement 2020. The application was opposed by the Australian Nursing and Midwifery Federation (ANMF). The central dispute was whether the proposed agreement met the requirements of the Fair Work Act 2009, particularly concerning the appropriate classification of nursing roles within the organisation. The Fair Work Commission, presided over by Commissioner Harper, had to determine if the agreement was genuinely bargained for, in good faith, and met the statutory requirements.

The court was required to assess the evidence provided by both parties regarding the process of bargaining and the content of the proposed agreement. Key issues included whether the agreement had been genuinely negotiated between the parties, whether it complied with the procedural requirements set out in the Fair Work Act, and whether it provided for the appropriate classification and remuneration of nursing staff. Commissioner Harper considered the submissions from both Bethany Christian Care and the ANMF, along with relevant legislative provisions and precedents.

Commissioner Harper concluded that the agreement had been genuinely negotiated in good faith and complied with the statutory requirements. The court found that the process of bargaining was transparent and that the agreement reflected the genuine intentions of the parties involved. The agreement was approved as it provided for fair and reasonable terms and conditions of employment, including appropriate classification and remuneration for nursing staff. The decision emphasised the importance of ensuring that enterprise agreements are both fair and meet the legislative requirements.

Bethany Christian Care Limited's application to approve the proposed Nurses Enterprise Agreement 2020 was approved by the Fair Work Commission. The agreement was found to be genuinely negotiated, in good faith, and compliant with the Fair Work Act. The court's decision ensures that the terms and conditions of employment for nursing staff are fair and reasonable, meeting the statutory requirements.

Bethany Christian Care

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established