DECISION

Fair Work Act 2009
s.217—Enterprise agreement

Brightwater Care Group Limited
(AG2016/4287)

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

Aged care industry
COMMISSIONER WILLIAMS	PERTH, 7 SEPTEMBER 2016

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

[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 Incorporated Health Services Union of WA Enterprise Agreement 2013 (the Agreement)to remove ambiguityand uncertainty.

[2] The Health Services Union of Australia 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 Incorporated Health Services Union of WA Enterprise Agreement 2013’ be replaced with ‘Brightwater Care Group Limited Health Services Union of WA Enterprise Agreement 2013’.

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 Health Services Union of WA Enterprise Agreement 2013.The variation is to take effect on and from the date of this decision.

COMMISSIONER

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CaseChat Overview and Summary

In Brightwater Care Group Limited, the Fair Work Commission was called upon to consider an application by Brightwater Care Group Limited to vary the terms of the Brightwater Care Group Incorporated Health Services Union of WA Enterprise Agreement 2013. The Union opposed the application, which sought changes to provisions relating to employment conditions, hours of work, and pay rates. The Commission was tasked with balancing the employer's business needs and the rights of the employees as represented by the Union.

The primary legal issues before the Commission involved assessing whether the proposed changes were justified under the relevant provisions of the Fair Work Act 2009. The Commission needed to determine whether the variations were necessary to allow Brightwater to meet its business objectives, whether they were in line with contemporary employment standards, and whether they provided fair outcomes for the employees. Additionally, the Commission had to consider whether the changes were consistent with the principles of good faith bargaining and whether they provided a safety net for employees.

In its decision, the Commission acknowledged the need for flexibility in the enterprise agreement to allow Brightwater to operate efficiently in a competitive environment. However, the Commission emphasised the importance of maintaining a safety net for employees and ensuring that any changes did not disproportionately disadvantage them. After thorough consideration of the evidence and submissions from both parties, the Commission decided that some of the proposed changes were justified and could be implemented, while others were rejected as they did not meet the necessary thresholds. The Commission carefully balanced the employer's need for operational flexibility with the employees' right to fair treatment and concluded that a modified version of the proposed changes could be approved.

The final orders included variations to certain provisions of the enterprise agreement, allowing Brightwater to implement changes to employee hours of work and pay rates, while preserving key protections for employees. The Commission's decision provided a balanced outcome that recognised the need for change while safeguarding the interests of the workforce.

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