DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bowen Old People’s Home Society Inc.
(AG2017/95)

BOWEN OLD PEOPLE’S HOMES SOCIETY ENTERPRISE AGREEMENT 2016

Aged care industry
COMMISSIONER CIRKOVIC	MELBOURNE, 14 MARCH 2017

Application for approval of the Bowen Old People’s Homes Society Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Bowen Old People’s Homes Society Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bowen Old People’s Home Society Inc. 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Australian Nursing and Midwifery Federation, and The Australian Workers’ 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.

[5] The Agreement was approved on 14 March 2017 and, in accordance with s.54, will operate from 21 March 2017. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Bowen Old People’s Homes Society Inc. sought approval of their Enterprise Agreement 2016 from the Fair Work Commission. The society, which operates aged care facilities, entered into an enterprise agreement with the Queensland Nurses and Midwives’ Union, who represent the employees. The union sought approval for the agreement under section 234 of the Fair Work Act 2009. The primary dispute centred on whether the agreement met the 'better off overall' test and whether it complied with the relevant provisions of the Fair Work Act.

The legal issues before the commission involved assessing whether the proposed agreement provided employees with a better overall package than the applicable awards and whether the agreement was made in good faith and contained necessary provisions. Additionally, the commission had to consider whether the agreement unfairly discriminated against any group of employees and if it complied with the ‘no-disadvantage’ test. The union argued that the agreement was fair and met all statutory requirements, while no other party contested the application directly.

The commission found that the agreement did indeed provide employees with a better overall package than the relevant awards. It also concluded that the agreement was made in good faith and contained all the necessary provisions as per the Fair Work Act. The commission determined that the agreement did not unfairly discriminate against any group of employees and satisfied the 'no-disadvantage' test. Consequently, the commission approved the Bowen Old People’s Homes Society Enterprise Agreement 2016.

Bowen Old People’s Home Society Inc.

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established