DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Brightwater Care Group Inc T/A Brightwater Care Group
(AG2015/1321)

BRIGHTWATER CARE GROUP (INC.) REGISTERED NURSES ENTERPRISE AGREEMENT 2014

Health and welfare services
COMMISSIONER LEE	MELBOURNE, 25 JUNE 2015

Application for approval of the Brightwater Care Group (Inc.) Registered Nurses Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Brightwater Care Group (Inc.) Registered Nurses Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Brightwater Care Group Inc. t/a Brightwater Care Group. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] 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.

[4] 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.

[5] 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.

[6] The Agreement was approved on 25 June 2015 and, in accordance with s.54 of the Act, will operate from 2 July 2015. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

ANNEXURE A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Brightwater Care Group (Inc.), sought approval for the Brightwater Care Group Registered Nurses Enterprise Agreement 2014 from the Fair Work Commission. The dispute centred around whether the terms and conditions outlined in the agreement were fair and reasonable, particularly in relation to the classification of nurses and their corresponding remuneration. The Fair Work Commission was tasked with determining whether the agreement met the statutory criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the classification of nurses within the agreement was accurate and whether the remuneration provided was equitable. Additionally, the Commission had to assess whether the agreement adequately provided for the health, safety and welfare of the nurses, and if it allowed for flexibility and adaptability in the workplace. Furthermore, the Commission examined whether the agreement adhered to the principles of enterprise bargaining as outlined in the Fair Work Act.

The Fair Work Commission found that the agreement was fair and reasonable on the whole. The classification of nurses was deemed accurate, and the remuneration was considered equitable, taking into account the specific circumstances of the workplace. The agreement was also found to provide adequately for the health, safety, and welfare of the nurses, and allowed for sufficient flexibility and adaptability. The Commission concluded that the agreement complied with the principles of enterprise bargaining, and thus approved the Brightwater Care Group Registered Nurses Enterprise Agreement 2014.

The Commission's approval of the agreement was subject to specific conditions, which included a requirement for the applicant to provide evidence of ongoing compliance with the terms of the agreement. Additionally, the agreement was to remain in effect until a specified termination date, or until a new agreement was approved by the Commission. The applicant was also required to notify the Commission of any changes to the agreement that may affect its terms and conditions.

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