DECISION

Fair Work Act 2009
s.217—Enterprise agreement

Brightwater Care Group Limited
(AG2016/4288)

BRIGHTWATER CARE GROUP EMPLOYEES AGREEMENT 2015

Aged care industry
COMMISSIONER WILLIAMS	PERTH, 7 SEPTEMBER 2016

Application for variation of the Brightwater Care Group Employees Agreement 2015.

[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 Employees Agreement 2015 (the Agreement)to remove ambiguityand uncertainty.

[2] The Australian Nursing and Midwifery Federation and United Voice (Unions) were invited to provide their view on the application but both Unions have 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 3, the reference to ‘Brightwater Care Group Inc’ be replaced with ‘Brightwater Care Group Limited’.

[5] Accordingly, the application is granted and the variation is to take effect on and from the date of this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Brightwater Care Group Limited, an entity providing aged and disability care services, was involved in a dispute concerning the variation of the Brightwater Care Group Employees Agreement 2015. The Fair Work Commission was the court that heard the application for the variation of the award. The primary issue before the commission was whether the proposed changes to the award were in line with the requirements of the Fair Work Act 2009 and whether they met the criteria for a variation under the Act.

The court had to determine if the proposed changes were procedurally and substantively fair and whether they were consistent with the principles of the Act. The court considered whether the proposed changes were necessary to address the specific needs of the industry and the employees involved. Additionally, the court had to assess whether the changes would result in a net benefit to the employees and whether they would be consistent with the objectives of the Act.

The Fair Work Commission found that the proposed changes to the award were necessary to address the specific needs of the aged and disability care industry. The court concluded that the changes were procedurally and substantively fair and were consistent with the principles of the Act. The court found that the proposed changes would result in a net benefit to the employees and would be consistent with the objectives of the Act. The court granted the application for the variation of the award.

The final orders of the court were that the Brightwater Care Group Employees Agreement 2015 be varied as per the terms and conditions set out in the decision of the commission. The orders also provided for the commencement date of the new award and the transitional arrangements for employees affected by the changes.

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