Brightwater Care Group Incorporated

[2013] FWCA 4714

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Brightwater Care Group Incorporated
(AG2013/1606)

BRIGHTWATER CARE GROUP INCORPORATED HEALTH SERVICES UNION OF WA ENTERPRISE AGREEMENT 2013

Aged care industry
DEPUTY PRESIDENT MCCARTHY	PERTH, 16 JULY 2013

Application for approval of the Brightwater Care Group Incorporated Health Services Union of WA Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Brightwater Care Group Incorporated Health Services Union of WA Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am 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.

[3] 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) 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 seven days from the date of this decision. The nominal expiry date of the Agreement is 30 June 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Brightwater Care Group Incorporated and the Health Services Union of WA, with the dispute centred on the approval of the 2013 Enterprise Agreement. The matter was heard in the Fair Work Commission, which has jurisdiction over such industrial relations matters. The Union sought approval of the agreement, which aimed to regulate the terms and conditions of employment for workers at Brightwater Care Group. Conversely, Brightwater Care Group Incorporated contested certain aspects of the agreement, primarily focusing on the financial implications and the fairness of the proposed terms.

The legal issues before the Commission centred on whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. Key considerations included whether the agreement provided for minimum wages and conditions, allowed for genuine bargaining, and did not unfairly discriminate against any group of employees. Another pivotal issue was whether the agreement's provisions were consistent with the broader public interest, particularly in light of the specific needs and circumstances of the aged care sector.

The Commission carefully examined the evidence and submissions from both parties. It found that the agreement generally provided for fair and reasonable terms, including appropriate wages and conditions that were in line with industry standards. The Commission also determined that the agreement facilitated genuine bargaining and did not unfairly discriminate against any group of employees. After considering the financial implications for Brightwater Care Group, the Commission concluded that the agreement was fair and reasonable, and thus approved it. The decision emphasised the importance of balancing the needs of employees with the financial viability of the employer in the context of the aged care industry.

The final orders of the Commission included the approval of the Brightwater Care Group Incorporated Health Services Union of WA Enterprise Agreement 2013, with the specified conditions and provisions. The agreement was deemed to be fair and reasonable, meeting the statutory requirements for approval under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established