Brightwater Care Group Limited

[2025] FWCA 1192

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Brightwater Care Group Limited

(AG2025/617)

BRIGHTWATER CARE GROUP EMPLOYEES AGREEMENT 2024

Aged care industry
COMMISSIONER SCHNEIDER	PERTH, 8 APRIL 2025

Application for approval of the Brightwater Care Group Employees Agreement 2024

Brightwater Care Group Limited (the Applicant) has made an application for the approval of an enterprise agreement known as the Brightwater Care Group Employees Agreement 2024 (the Agreement).

The application was made under section 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

The Applicant has provided a written undertaking. A copy of the undertaking is attached to the Agreement. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

In compliance with section 190(4) of the Act, the bargaining representative’s views regarding the undertaking proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered. No objection was raised.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of sections 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

The United Workers’ Union and the Australian Nursing and Midwifery Federation (the Unions), being bargaining representatives for the Agreement, have given notice under section 183 of the Act that they seek to be covered by the Agreement. In accordance with section 201(2) of the Act, and based on the declarations provided by the organisations, I note that the Unions are covered by the Agreement.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 15 April 2025. The nominal expiry date of the Agreement is 30 June 2027.

COMMISSIONER

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CaseChat Overview and Summary

The application before the Fair Work Commission was brought by Brightwater Care Group Limited seeking approval of a proposed enterprise agreement. The application arose out of a dispute regarding the terms and conditions of employment for the employees of the respondent. The Fair Work Commission was tasked with determining whether the proposed agreement met the necessary statutory requirements for approval under the Fair Work Act 2009.

The central legal issues that the Commission had to address were whether the proposed agreement had been genuinely negotiated, whether it contained the mandatory terms and conditions as required by law, and whether it complied with the "better off overall test." Specifically, the Commission had to assess whether the proposed agreement provided employees with terms and conditions that were no worse than and better than their existing conditions.

In its decision, the Commission found that the proposed agreement had indeed been genuinely negotiated between the employer and the employees' representative. The Commission also found that the agreement contained all the necessary mandatory terms and met the requirements of the "better off overall test." The Commission noted that the proposed agreement provided improved conditions for the employees in terms of wages, leave entitlements, and other benefits. Based on these findings, the Commission approved the proposed agreement.

As a result of the Commission's approval, the Brightwater Care Group Employees Agreement 2024 is now in effect and binding on the parties. This decision sets a precedent for the terms and conditions of employment for the employees of Brightwater Care Group Limited and will apply until the agreement is varied or terminated in accordance with the provisions of 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