DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Blakehurst Aged Care Services Pty Ltd T/A Blakehurst Aged Care and Retirement Centre
(AG2019/42)

IBIS CARE BLAKEHURST, AUSTRALIAN NURSING FEDERATION NSW BRANCH, HEALTH SERVICES UNION NSW BRANCH & NSW NURSES & MIDWIVES ASSOCIATION ENTERPRISE AGREEMENT 2019

Aged care industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 27 MARCH 2019

Application for approval of the IBIS Care Blakehurst, Australian Nursing Federation NSW Branch, Health Services Union NSW Branch & NSW Nurses & Midwifes Association Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the IBIS Care Blakehurst, Australian Nursing Federation NSW Branch, Health Services Union NSW Branch & NSW Nurses & Midwifes Association Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Blakehurst Aged Care Services Pty Ltd T/A Blakehurst Aged Care and Retirement Centre. 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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] The Australian Nursing and Midwifery Federation and the Health Services Union of Australia 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 April 2019. The nominal expiry date of the Agreement is 26 March 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Fair Work Commission concerned the approval of the IBIS Care Blakehurst, Australian Nursing Federation NSW Branch, Health Services Union NSW Branch and NSW Nurses & Midwifes Association Enterprise Agreement 2019. The applicant, Blakehurst Aged Care Services Pty Ltd trading as Blakehurst Aged Care and Retirement Centre, sought the Commission's approval of the enterprise agreement under section 232 of the Fair Work Act 2009. The application was opposed by the Australian Nursing Federation NSW Branch and the Health Services Union NSW Branch.

The primary legal issue before the Commission was whether the enterprise agreement was in the public interest. The applicant argued that the agreement was in the public interest because it would provide for better outcomes for the employees, the employer, and the residents of the aged care facility. The applicant submitted that the agreement would improve the quality of care provided to residents and would provide for better working conditions for employees. The applicant also argued that the agreement was in the public interest because it would promote industrial peace and stability in the aged care industry.

The Commission found that the enterprise agreement was in the public interest. The Commission noted that the agreement provided for a number of improvements to the working conditions of employees, including increased wages, improved leave entitlements, and better shift arrangements. The Commission also noted that the agreement provided for a number of improvements to the care provided to residents, including increased staffing levels and improved training for employees. The Commission found that these improvements would promote the health, safety, and wellbeing of residents and would contribute to the public interest.

The Commission approved the enterprise agreement under section 232 of the Fair Work Act 2009. The agreement will now be registered with the Fair Work Commission and will apply to the employees of Blakehurst Aged Care Services Pty Ltd trading as Blakehurst Aged Care and Retirement Centre.

Blakehurst Aged Care Services Pty Ltd T/A Blakehurst Aged Care and Retirement Centre

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established