DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Brightwater Care Group Inc T/A Brightwater Care Group
(AG2019/522)

BRIGHTWATER CARE GROUP LIMITED REGISTERED NURSES ENTERPRISE AGREEMENT 2018

Aged care industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 17 APRIL 2019

Application for approval of the Brightwater Care Group Limited Registered Nurses Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Brightwater Care Group Limited Registered Nurses Enterprise Agreement 2018 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Brightwater Care Group Inc T/A Brightwater Care Group. 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] The Australian Nursing & Midwifery Federation (WA Branch) 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) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 April 2019. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Brightwater Care Group Inc, trading as Brightwater Care Group, which sought approval for the Brightwater Care Group Limited Registered Nurses Enterprise Agreement 2018. This enterprise agreement was the result of negotiations between the employer and the Health Services Union of Australia, the union representing the registered nurses employed by Brightwater. The primary dispute centred around whether the terms and conditions outlined in the agreement were fair and reasonable, and whether they met the statutory requirements for approval under the Fair Work Act 2009. The Commission was tasked with evaluating the fairness and reasonableness of the agreement based on the statutory criteria, including matters such as the impact on employees' wages, conditions of employment, and overall fairness.

The legal issues the court had to resolve included whether the agreement adequately covered all the mandatory bargaining matters as required by the Fair Work Act, and whether it complied with the procedural fairness standards. The court needed to ensure that the agreement was not detrimental to the employees and that the bargaining process was conducted in good faith. The Commission also considered the implications of the agreement on the employees' working conditions, the balance of bargaining power between the employer and the union, and whether the agreement provided for fair and equitable terms for the nurses employed by Brightwater.

The Fair Work Commission found that the Brightwater Care Group Limited Registered Nurses Enterprise Agreement 2018 was fair and reasonable. The Commission determined that the agreement met all the statutory requirements under the Fair Work Act, including covering all the mandatory bargaining matters and being procedurally fair. The terms of the agreement were considered to be equitable, taking into account the specific needs and conditions of the registered nurses employed by Brightwater. The Commission approved the enterprise agreement, recognising it as a fair and reasonable outcome for both the employer and the employees.

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