Brightwater Care Group Limited Summary

[2023] FWCA 733

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Brightwater Care Group Limited

(AG2023/327)

Brightwater Care Group Limited Registered Nurses Enterprise Agreement 2022

Aged care industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 8 MARCH 2023

Application for approval of the Brightwater Care Group Limited Registered Nurses Enterprise Agreement 2022

An application has been made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Brightwater Care Group Limited for approval of a single enterprise agreement known as the Brightwater Care Group Limited Registered Nurses Enterprise Agreement 2022 (the Agreement).

The Employer 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. The undertakings are taken to be a term of the Agreement.

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.

The Australian Nursing and Midwifery Federation, 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 March 2023. The nominal expiry date of the Agreement is 8 March 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In Brightwater Care Group Limited, the Fair Work Commission was asked to approve a registered nurses enterprise agreement between Brightwater Care Group Limited and the Registered Nurses' Union of Australia. The dispute centred on the terms and conditions of employment for registered nurses within the organisation, including matters such as remuneration, hours of work, leave provisions, and dispute resolution mechanisms. The Commission had to determine whether the proposed agreement complied with the requirements set out in the Fair Work Act 2009 and whether it was in the best interests of the employees it was intended to cover.

The primary legal issues revolved around the interpretation and application of the Fair Work Act 2009 and the Fair Work Regulations 2009. The Commission had to consider whether the agreement met the necessary standards of procedural fairness and whether it contained the mandated "no disadvantage" test, ensuring that the terms and conditions of employment were not less favourable than the relevant award or safety net. The Commission also had to assess whether the agreement adhered to the principles of good faith bargaining and whether it provided for appropriate mechanisms for the resolution of workplace disputes.

After examining the evidence and submissions from both parties, the Fair Work Commission found that the proposed agreement met the statutory requirements and was in the best interests of the employees. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment, and that it included adequate provisions for the resolution of workplace disputes. The Commission also found that the agreement did not result in any employee being less favourably treated than they would be under the relevant award or safety net. As a result, the Commission approved the application for the approval of the Brightwater Care Group Limited Registered Nurses Enterprise Agreement 2022.

The Fair Work Commission ordered that the agreement be approved and registered under the Fair Work Act 2009. The agreement was to be in effect from the date of the Commission's decision and would govern the terms and conditions of employment for registered nurses employed by Brightwater Care Group Limited. The Commission also ordered that the agreement be published on the Fair Work Commission's website and that a copy be provided to both parties involved in the dispute.

Brightwater Care Group Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established