Bluecross Community Care Services (Group) Pty Ltd T/A Bluecross

[2022] FWCA 1712

The attached document replaces the document previously issued with the above code on 24 May 2022.

The previous document failed to annex undertakings under Annexure A.

Associate to Commissioner Wilson

Dated 25 May 2022

[2022] FWCA 1712

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Bluecross Community Care Services (Group) Pty Ltd T/A Bluecross

(AG2022/1163)

BlueCross Residential Care, ANMF and HSU Enterprise Agreement 2021

Aged care industry
COMMISSIONER WILSON	MELBOURNE, 24 MAY 2022

Application for approval of the BlueCross Residential Care, ANMF and HSU Enterprise Agreement 2021

An application has been made for approval of an enterprise agreement known as the BLUECROSS RESIDENTIAL CARE, ANMF AND HSU ENTERPRISE AGREEMENT 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bluecross Community Care Services (Group) Pty Ltd T/A Bluecross. The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

Subject to the undertakings referred to above, 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.

The Australian Nursing and Midwifery Federation being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Health Services Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 May 2022. The nominal expiry date of the Agreement is 31 December 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Bluecross Community Care Services (Group) Pty Ltd trading as Bluecross, the Fair Work Commission (FWC) was asked to consider an application for the approval of the BlueCross Residential Care, ANMF and HSU Enterprise Agreement 2021. The application was brought by the Australian Nursing and Midwifery Federation (ANMF) and the Health Services Union (HSU), who are the registered organisations representing the employees. The dispute concerns the terms and conditions of employment of certain Bluecross employees, specifically those working in residential care settings.

The primary legal issue the FWC had to address was whether the enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009. This involved assessing whether the agreement provided for minimum rates of pay, entitlements, and conditions that were no less favourable than the relevant national employment standards or applicable awards. The FWC also needed to consider whether the agreement was fairly negotiated, and if it complied with the good faith bargaining provisions.

The FWC found that the enterprise agreement was fairly negotiated and met the statutory requirements for approval. The FWC noted that the agreement provided for minimum rates of pay and conditions of employment that were no less favourable than the relevant national employment standards and awards. The FWC also found that the agreement complied with the good faith bargaining provisions and that the parties had engaged in genuine negotiations. Based on these findings, the FWC approved the enterprise agreement.

The final orders of the FWC were that the BlueCross Residential Care, ANMF and HSU Enterprise Agreement 2021 be approved as a registered agreement under the Fair Work Act 2009. The agreement was to be registered on the register of approved agreements and would be in effect from the date of the FWC's decision. The FWC also ordered that the agreement would prevail over any inconsistent terms and conditions in any other registered agreement or award.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established