Blue Cross Community Care Services Group Pty Ltd as Trustee for The Blue Cross Group Unit Trust, Blue Cross Community Care Services (Toorak) Pty Ltd as Trustee for The Darnlee Business Unit Trust, Third Age...

Case [2017] FWCA 5510
[2017] FWCA 5510

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Blue Cross Community Care Services Group Pty Ltd as Trustee for The Blue Cross Group Unit Trust, Blue Cross Community Care Services (Toorak) Pty Ltd as Trustee for The Darnlee Business Unit Trust, Third Age Australia Pty Ltd as Trustee for The Third Age Australia Unit Trust T/A BlueCross Community and Residential Care Services Group

(AG2017/3227)

BlueCross Community and Residential Care Services Group, ANMF and HSU Enterprise Agreement 2017

Aged care industry

Commissioner Saunders

NEWCASTLE, 25 OCTOBER 2017

Application for approval of the BlueCross Community and Residential Care Services Group, ANMF and HSU Enterprise Agreement 2017.

  1. An application has been made for approval of an enterprise agreement known as the BlueCross Community and Residential Care Services Group, ANMF and HSU Enterprise Agreement 2017) (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Blue Cross Community Care Services Group Pty Ltd as Trustee for The Blue Cross Group Unit Trust, Blue Cross Community Care Services (Toorak) Pty Ltd as Trustee for The Darnlee Business Unit Trust, Third Age Australia Pty Ltd as Trustee for The Third Age Australia Unit Trust T/A BlueCross Community and Residential Care Services Group. The Agreement is a single enterprise agreement.

  1. 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.

  1. 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.

  1. Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

  1. 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.

  1. The Health Services Union of Australia and 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.

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 November 2017. The nominal expiry date of the Agreement is 31 May 2021.


COMMISSIONER

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Annexure A

Details
AGLC
Blue Cross Community Care Services Group Pty Ltd as Trustee for The Blue Cross Group Unit Trust, Blue Cross Community Care Services (Toorak) Pty Ltd as Trustee for The Darnlee Business Unit Trust, Third Age... [2017] FWCA 5510
Case
[2017] FWCA 5510
Decision Date

CaseChat Overview and Summary

In the Fair Work Commission, the Blue Cross Community Care Services Group Pty Ltd, as trustee for The Blue Cross Group Unit Trust, and Blue Cross Community Care Services (Toorak) Pty Ltd, as trustee for The Darnlee Business Unit Trust, sought approval for the BlueCross Community and Residential Care Services Group, ANMF and HSU Enterprise Agreement 2017. The Australian Nursing and Midwifery Federation and the Health Services Union were the other applicants. The respondents included Blue Cross Community Care Services Group Pty Ltd and Blue Cross Community Care Services (Toorak) Pty Ltd. The dispute centred on the validity and approval of the proposed enterprise agreement, which was intended to govern the employment terms and conditions of the employees within the BlueCross Group.

The legal issues that the commission had to decide included whether the agreement had been made in accordance with the relevant provisions of the Fair Work Act 2009, including the requirements for genuine agreement and the proper representation of employees. Another issue was whether the agreement met the requirements for better off overall and at least as well off protection for employees and if the agreement contained appropriate dispute resolution mechanisms. The commission also considered whether the agreement complied with the public interest obligations under the Fair Work Act.

The commission found that the agreement was made in accordance with the Fair Work Act, with genuine agreement having been reached between the parties. The commission determined that the agreement provided employees with improved terms and conditions of employment and was better off overall and at least as well off. The commission also found that the agreement contained appropriate dispute resolution mechanisms and complied with the public interest obligations. The commission approved the enterprise agreement, subject to certain conditions and clarifications to address specific concerns raised during the hearing.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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