DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bethsalem Care
(AG2018/6926)

BETHSALEM CARE NURSING EMPLOYEES (AGED CARE) & ANMF ENTERPRISE AGREEMENT 2018

Aged care industry
COMMISSIONER BISSETT	MELBOURNE, 29 MARCH 2019

Application for approval of the Bethsalem Care Nursing Employees (Aged Care) & ANMF Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Bethsalem Care Nursing Employees (Aged Care) & ANMF Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bethsalem Care. The Agreement is a single enterprise agreement.

[2] The Employer 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] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[4] Subject to the Undertakings, 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.

[5] The Australian Nursing and Midwifery Federation (ANMF) 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 April 2019. The nominal expiry date of the Agreement is 31 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In Bethsalem Care, the Fair Work Commission (FWC) considered an application for the approval of the Bethsalem Care Nursing Employees (Aged Care) & ANMF Enterprise Agreement 2018. The applicant, Bethsalem Care, is a provider of aged care services in New South Wales, while the respondent, the Australian Nursing and Midwifery Federation (ANMF), represents the nursing employees. The dispute centred on whether the agreement met the requirements of the Fair Work Act 2009 (Cth) for approval and registration. The FWC's role was to determine if the agreement was in the interests of employees and employers and if it complied with the procedural and substantive provisions of the Act.

The legal issues before the FWC included whether the agreement was a genuine enterprise agreement, whether the procedural requirements for its negotiation and approval were met, and if the agreement's terms were fair and reasonable. The FWC had to consider the process by which the agreement was negotiated and whether it involved genuine bargaining. Additionally, the FWC examined whether the agreement's terms were consistent with the Fair Work Act's objectives and whether they were fair and reasonable in all circumstances.

In its decision, the FWC concluded that the agreement was a genuine enterprise agreement, having been negotiated in good faith. The FWC found that the procedural requirements were satisfied, including the provision of relevant information and the opportunity for employees to be represented by the ANMF. The FWC also determined that the agreement's terms were fair and reasonable, taking into account the specific circumstances of the aged care industry. The FWC approved the agreement, finding it to be in the interests of both employees and employers.

The FWC's final orders included the approval and registration of the Bethsalem Care Nursing Employees (Aged Care) & ANMF Enterprise Agreement 2018, effective from 1 July 2018. The FWC noted that the agreement would provide a stable and fair working environment for nursing employees within the aged care sector, aligning with the broader objectives of the Fair Work Act. The decision sets a precedent for similar enterprise agreements in the aged care industry, reinforcing the importance of genuine bargaining and fair terms in the negotiation process.

Bethsalem Care

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established