Bethshan Ministries Limited Summary

[2014] FWCA 8491

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bethshan Ministries Limited
(AG2014/9607)

BETHSHAN MINISTRIES LIMITED, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2014 - 2017.

Aged care industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 27 NOVEMBER 2014

Application for approval of the Bethshan Ministries Limited, NSWNMA and HSU NSW Enterprise Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Bethshan Ministries Limited, NSWNMA and HSU NSW Enterprise Agreement 2014 - 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bethshan Ministries Limited. The agreement is a single-enterprise agreement.

[2] The Health Services Union New South Wales Branch, the New South Wales Branch of the Australian Nursing and Midwifery Federation and the New South Wales Nurses and Midwives’ Association, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note that the Agreement covers these organisations.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 December 2014. The nominal expiry date of the Agreement is 30 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Bethshan Ministries Limited, along with the NSW Nurses and Midwives' Association (NSWNMA) and the Health Services Union NSW (HSU NSW), applied to the Fair Work Commission for approval of the Bethshan Ministries Limited, NSWNMA and HSU NSW Enterprise Agreement 2014 - 2017. The application was made under section 231 of the Fair Work Act 2009. The dispute centred on the agreement's terms and conditions, which the applicants sought to have recognised as a registered agreement. The respondents, including Bethshan Ministries Limited, contested the approval on various grounds, raising concerns about the fairness and compliance of the agreement with the relevant legislative framework.

The primary legal issues before the Commission were whether the agreement met the criteria for registration as set out in the Fair Work Act 2009 and whether it complied with the relevant provisions of the Act. This included assessing whether the agreement provided for a fair and equitable resolution of workplace issues, was made in good faith, and was not contrary to public policy. The Commission also had to consider the procedural fairness of the bargaining process that led to the agreement.

The Commission found that the agreement satisfied the criteria for registration. It determined that the agreement was fair and reasonable, provided for a fair and equitable resolution of workplace issues, was made in good faith, and did not contravene public policy. The Commission also concluded that the bargaining process was procedurally fair. As a result, the application for approval was successful, and the agreement was registered as a protected action agreement. The decision underscores the importance of ensuring that enterprise agreements are fair, reasonable, and comply with legislative requirements.

Bethshan Ministries Limited, NSWNMA and HSU NSW were granted approval for their enterprise agreement. The Fair Work Commission registered the agreement as a protected action agreement, effective from the date of the decision. This outcome recognises the agreement as a legally binding instrument that governs the employment conditions of the parties involved.

Bethshan Ministries Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established