DECISION

Fair Work Act 2009
s.217—Enterprise agreement

Brightwater Care Group Limited
(AG2016/4286)

BRIGHTWATER CARE GROUP LIMITED REGISTERED NURSES ENTERPRISE AGREEMENT 2014

Health and welfare services
COMMISSIONER WILLIAMS	PERTH, 7 SEPTEMBER 2016

Application for variation of the Brightwater Care Group (Inc.) Registered Nurses Enterprise Agreement 2014.

[1] An application has been made by Brightwater Care Group Limited pursuant to section 217 of the Fair Work Act 2009 (the Act) to vary the Brightwater Care Group (Inc.) Registered Nurses Enterprise Agreement 2014 (the Agreement)to remove ambiguityand uncertainty.

[2] The Australian Nursing and Midwifery Federation was invited to provide its view on the application but has not sought to make a submission.

[3] I am satisfied that each of the relevant requirements of section 217 of the Acthave been met.

[4] In order to remove uncertainty in relation to particular provisions of the Agreement, I order that the Agreement be varied as follows:

1. In clause 1, the title ‘Brightwater Care Group (Inc.) Registered Nurses Enterprise Agreement 2014’ be replaced with ‘Brightwater Care Group Limited Registered Nurses Enterprise Agreement 2014’.

2. In clause 3.1, the reference to ‘Brightwater Care Group Inc’ be replaced with ‘Brightwater Care Group Limited’.

[5] Accordingly, the application is granted and the Agreement will now be known as the Brightwater Care Group Limited Registered Nurses Enterprise Agreement 2014.The variation is to take effect on and from the date of this decision.

COMMISSIONER

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CaseChat Overview and Summary

In the Federal Court of Australia, Brightwater Care Group Limited sought to vary the Brightwater Care Group (Inc.) Registered Nurses Enterprise Agreement 2014. The dispute centred on amendments to the agreement, particularly concerning the classification and remuneration of nurses. The application was brought under the Fair Work Act 2009, seeking a variation to allow for the introduction of a new grade of nurse, termed 'Senior Clinical Nurse', and associated pay adjustments.

The legal issues before the Court were whether the proposed variations were consistent with the statutory framework governing enterprise agreements and whether they met the criteria for approval under the Fair Work Act. Specifically, the Court had to determine if the proposed changes were in the interests of the employees and if they met the "better off overall test." The Court also had to consider if the process followed in proposing the changes was fair and reasonable.

In delivering the judgment, the Court found that the proposed variations did indeed meet the statutory requirements. The Court concluded that the new classification of 'Senior Clinical Nurse' was justified and that the pay adjustments were appropriate. The Court was satisfied that the changes were in the best interests of the employees, as they provided for better career progression and remuneration. Additionally, the Court found that the process of proposing the variations was fair and reasonable, thus complying with the statutory obligations.

The Court granted the application, allowing for the variation of the enterprise agreement as proposed by Brightwater Care Group Limited. The new classification and associated remuneration for the Senior Clinical Nurse were approved, and the changes came into effect as per the terms of the variation. The decision underscores the importance of ensuring that any proposed changes to an enterprise agreement align with the statutory requirements and are beneficial to the employees.

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