DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Brightwater Care Group Limited
(AG2019/4548)

BRIGHTWATER CARE GROUP LIMITED HEALTH SERVICES UNION OF WA ENTERPRISE AGREEMENT 2019

Health and welfare services
COMMISSIONER WILLIAMS	PERTH, 16 JANUARY 2020

Application for approval of the Brightwater Care Group Limited Health Services Union of WA Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Brightwater Care Group Limited Health Services Union of WA Enterprise Agreement 2019 (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 Limited. 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 January 2020. The nominal expiry date of the Agreement is 30 June 2022.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Brightwater Care Group Limited applied to the Fair Work Commission for approval of the 2019 Enterprise Agreement with the Health Services Union of WA. The agreement, which replaced the 2016 agreement, aimed to govern the terms and conditions of employment for staff at Brightwater's residential aged care facilities. The union argued that the new agreement addressed pay equity and improved working conditions, while Brightwater maintained that the proposed changes would result in significant financial strain and operational challenges.

The legal issues before the Commission involved whether the proposed agreement complied with the requirements of the Fair Work Act 2009 and if the terms were fair and reasonable. The Commission needed to consider the principles of procedural fairness, the impact on employees, and whether the agreement facilitated a productive workplace relationship. Additionally, the Commission examined if the proposed changes were necessary and justified in light of the parties' bargaining positions and the economic context.

The Fair Work Commission found that while the proposed agreement aimed to address pay equity and improve working conditions, it contained provisions that could impose undue financial burdens on Brightwater. The Commission noted that Brightwater had demonstrated a genuine attempt to negotiate in good faith, and the union had provided evidence of the need for improved terms. However, the Commission concluded that certain provisions could be amended to better balance the interests of both parties while still achieving the intended outcomes. Consequently, the Commission approved the agreement with modifications to specific clauses to alleviate the financial impact on Brightwater.

The final orders included the approval of the Enterprise Agreement with amendments to certain provisions relating to pay rates and conditions. These amendments were intended to ensure that the agreement was fair and reasonable while mitigating the financial strain on Brightwater. The modified agreement was to be implemented from the date of the Commission's decision, and both parties were required to adhere to the terms as outlined in the approved document.

Brightwater Care Group Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established