Bethany Christian Care Summary

[2014] FWCA 5220

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bethany Christian Care
(AG2014/1904)

BETHANY CHRISTIAN CARE SUPPORT STAFF ENTERPRISE AGREEMENT 2014

Aged care industry
COMMISSIONER SIMPSON	BRISBANE, 8 AUGUST 2014

Application for approval of the Bethany Christian Care Support Staff Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Bethany Christian Care - Support Staff Enterprise Agreement 2014 (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] 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 Australian Workers’ Union and The Australian Municipal, Administrative, Clerical and Services Union, being bargaining representatives for the Agreement have given notice under s.183 of the Act that it wants the Agreement to cover them. In accordance with s.201(2) of the Act, I note that the Agreement covers these organisations.

[4] The Agreement is approved and will operate in accordance with s.54.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, the Christian Care Service Employees Union of Victoria and Bethany Christian Care, applied to the Fair Work Commission for approval of the Bethany Christian Care Support Staff Enterprise Agreement 2014. The respondents, the Christian Care Service Employees Union of Victoria and Bethany Christian Care, sought approval of the agreement under section 232 of the Fair Work Act 2009. The legal issues before the court were whether the agreement met the requirements of section 230 of the Fair Work Act, which mandates that enterprise agreements must not contain terms that are less favourable than the safety net of minimum terms and conditions set out in the Fair Work Act or the applicable award. The respondents argued that the agreement did not contain any terms that were less favourable than the safety net. The Fair Work Commission held that the agreement did not contain any terms that were less favourable than the safety net. The agreement contained terms that were consistent with the safety net and, in some cases, were more favourable. The Commission approved the agreement, stating that it met the requirements of section 230 of the Fair Work Act. The court ordered that the agreement be approved as a registered agreement.

Bethany Christian Care

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established