DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bethshan Ministries Limited
(AG2017/5725)

BETHSHAN MINISTRIES LIMITED, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2017-2020

Aged care industry
COMMISSIONER SAUNDERS	NEWCASTLE, 19 DECEMBER 2017

Application for approval of the Bethshan Ministries Limited, NSWNMA and HSU NSW Enterprise Agreement 2017 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Bethshan Ministries Limited, NSWNMA and HSU NSW Enterprise Agreement 2017 - 2020 (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 Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

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

[5] 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.

[6] The Agreement lodged as part of the application for approval contained an error at page 82. On 6 December 2017, the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act, correcting the error at page 82. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[7] The Health Services Union of Australia, the NSW Nurses and Midwives’ Association and the Australian Nursing and Midwifery Federation 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) I note that the Agreement covers the organisations.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 December 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Bethshan Ministries Limited is a not-for-profit organisation providing aged care and disability services. It was involved in an enterprise agreement negotiation with the New South Wales Nurses and Midwives' Association (NSWNMA) and the Health Services Union NSW (HSU NSW). The dispute centred on the application for approval of the Bethshan Ministries Limited, NSWNMA and HSU NSW Enterprise Agreement 2017 - 2020. This case was heard in the Fair Work Commission.

The primary legal issue before the Commission was whether the enterprise agreement met the necessary conditions for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement complied with the "better off overall test" (BOOT) and whether it contained terms that were fair and reasonable. The Commission also needed to assess whether the agreement was made in good faith and if it was consistent with the principles of the national workplace relations system.

In delivering its decision, the Commission noted that the enterprise agreement had been negotiated in good faith and met the BOOT, providing employees with a pay rise above inflation. The Commission found that the agreement contained fair and reasonable terms, considering the unique circumstances of the parties and the industry. The Commission was satisfied that the agreement was consistent with the principles of the national workplace relations system and approved the Bethshan Ministries Limited, NSWNMA and HSU NSW Enterprise Agreement 2017 - 2020.

The Fair Work Commission approved the enterprise agreement, highlighting the importance of good faith negotiations and fair terms in workplace agreements. This decision reinforces the role of the Commission in ensuring that enterprise agreements are consistent with the national workplace relations system.

Bethshan Ministries Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established