BlueCross Community and Residential Services Pty Ltd

[2014] FWCA 5360

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BlueCross Community and Residential Services Pty Ltd
(AG2014/6881)

BLUECROSS COMMUNITY AND RESIDENTIAL CARE SERVICES GROUP, ANMF AND HSU ENTERPRISE AGREEMENT 2014

Aged care industry
COMMISSIONER JOHNS	MELBOURNE, 7 AUGUST 2014

Application for approval of the BlueCross Community and Residential Care Services Group, ANMF and HSU Enterprise Agreement 2014.

[1] On 18 July 2014 BlueCross Community and Residential Services Pty Ltd (Applicant) made an application for approval of the BlueCross Community and Residential Care Services Group, ANMF and HSU Enterprise Agreement 2014 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged outside the 14 day timeframe prescribed by s 185(3)(a) of the Act. The Fair Work Commission (Commission) invited the Applicant to explain the late lodgement. The Applicant advised that the Agreement was lodged late due certain documents being received in a bargaining representative’s junk mail folder. In all the circumstances the Commission considers it fair to extend the period for lodgement and does so pursuant to s 185(3)(b).

[3] The Commission is 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 Health Services Union 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), the Commission notes that the Agreement covers these organisations.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 14 August 2014. The nominal expiry date of the Agreement is 31 May 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of BlueCross Community and Residential Services Pty Ltd, the Fair Work Commission was asked to approve the BlueCross Community and Residential Care Services Group, ANMF and HSU Enterprise Agreement 2014. The dispute centred around the terms and conditions of employment for workers within the BlueCross community and residential care services sector. The application for approval was brought before the Fair Work Commission, which is responsible for overseeing the approval of enterprise agreements under the Fair Work Act 2009.

The primary legal issue before the court was whether the proposed enterprise agreement complied with the requirements of the Fair Work Act, particularly sections 231 and 232, which relate to the process for approving an agreement and the content of the agreement, respectively. The court needed to determine if the agreement had been made in good faith and if it provided for fair and reasonable terms and conditions of employment. Additionally, the court needed to consider whether the agreement met the requirements for direct and genuine bargaining, as well as whether it was free from coercion, undue influence, and discrimination.

The Fair Work Commission found that the enterprise agreement complied with the requirements of the Fair Work Act. The agreement had been made in good faith and provided for fair and reasonable terms and conditions of employment. The Commission was satisfied that the agreement had been the product of direct and genuine bargaining between the employer and the relevant employee representatives. The Commission also found that the agreement was free from coercion, undue influence, and discrimination. As a result, the Fair Work Commission approved the BlueCross Community and Residential Care Services Group, ANMF and HSU Enterprise Agreement 2014.

The Fair Work Commission's decision to approve the enterprise agreement signifies that the terms and conditions of employment within the BlueCross community and residential care services sector have been deemed fair and reasonable. This decision provides certainty to both employers and employees, ensuring that the agreement will govern the employment relationship in accordance with the principles set out in the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established