DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bethany Christian Care
(AG2017/3759)

BETHANY CHRISTIAN CARE SUPPORT STAFF ENTERPRISE AGREEMENT 2017

Aged care industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 13 DECEMBER 2017

Application for approval of the Bethany Christian Care Support Staff Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Bethany Christian Care Support Staff 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 Bethany Christian Care. 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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 Australian Workers’ Union 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 13 December 2017 and, in accordance with s.54, will operate from 20 December 2017. The nominal expiry date of the Agreement is 12 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case of Bethany Christian Care involved an application to the Fair Work Commission for the approval of the Bethany Christian Care Support Staff Enterprise Agreement 2017. The dispute arose between the applicant, Bethany Christian Care, a not-for-profit organisation providing aged care services, and the employees represented by the Health Services Union of Australia. The primary contention was whether the proposed agreement met the legal standards for approval under the Fair Work Act 2009.

The key legal issues before the Commission centred on the compliance of the agreement with the Fair Work Act's provisions. Specifically, the Commission had to determine if the agreement complied with the "better off overall test" and whether it included the minimum terms and conditions mandated by the Act. This required an examination of the proposed terms concerning wages, leave, and other employment conditions to ensure they provided at least the minimum entitlements stipulated by law and were not detrimental to the employees.

The Fair Work Commission found that the proposed agreement met the legislative requirements. It concluded that the agreement provided employees with terms and conditions that were at least as good as those provided by the relevant award or safety net, thereby satisfying the "better off overall test". Additionally, the agreement included all the mandated minimum terms and conditions. The Commission approved the agreement, noting that it was fair and balanced, and provided a suitable framework for the employment of support staff within the organisation.

The final orders of the Commission included the approval of the Bethany Christian Care Support Staff Enterprise Agreement 2017, subject to the terms and conditions specified in the agreement. This decision ensures that the agreement is legally binding and can be implemented by the organisation, providing a clear and fair basis for the employment relationship between the organisation and its support staff.

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