DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Brightwater Care Group Inc T/A Brightwater Care Group
(AG2016/162)

BRIGHTWATER CARE GROUP EMPLOYEES AGREEMENT 2015

Aged care industry
COMMISSIONER JOHNS	MELBOURNE, 24 FEBRUARY 2016

Application for approval of the Brightwater Care Group Employees Agreement 2015.

[1] On 29 January 2016 Brightwater Care Group Inc T/A Brightwater Care Group (Applicant) made an application for approval of the Brightwater Care Group Employees Agreement 2015 (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 within 14 days after it was made.

[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 Australian Nursing and Midwifery Federation and United Voice, 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 2 March 2016. The nominal expiry date of the Agreement is 24 February 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Price code J, AE417930 PR577308

CaseChat Overview and Summary

The applicant, Brightwater Care Group Inc, trading as Brightwater Care Group, sought approval of the Brightwater Care Group Employees Agreement 2015. This application was brought before the Fair Work Commission in Australia. The dispute revolved around the terms of the proposed enterprise agreement and whether it complied with the relevant legislative requirements, including provisions under the Fair Work Act 2009.

The legal issues before the court involved determining if the proposed agreement met the criteria for "better off overall" and "no disadvantaged test" as mandated by the Fair Work Act. The court had to assess whether the employees would be better off overall with the new agreement compared to their current conditions, and whether any employees would be disadvantaged by the agreement. The court also had to ensure that the agreement did not contravene any provisions of the Fair Work Act.

In delivering its decision, the Fair Work Commission found that the Brightwater Care Group Employees Agreement 2015 satisfied the necessary criteria under the Fair Work Act. The commission concluded that the agreement was fair and met the "better off overall" and "no disadvantaged" tests. The court noted that the agreement provided for appropriate wage increases, improved working conditions, and other benefits that would overall benefit the employees. The commission thus approved the application and allowed the agreement to proceed to the registration process.

The final orders included the approval of the Brightwater Care Group Employees Agreement 2015, with conditions that it be registered with the Fair Work Commission. This decision was made to ensure that all parties were aware of the terms and that the agreement would be implemented in accordance with the Fair Work Act.

Brightwater Care Group Inc T/A Brightwater Care Group

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established