DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bundaleer Care Service Ltd
(AG2014/9827)

BUNDALEER CARE SERVICE LTD, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2014 - 2017.

Aged care industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 5 DECEMBER 2014

Application for approval of the Bundaleer Care Service Ltd, NSWNMA and HSU NSW Enterprise Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the Bundaleer Care Service Ltd, NSWNMA and HSU NSW Enterprise Agreement 2014 - 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bundaleer Care Service Ltd. The agreement is a single-enterprise agreement.

[2] The Health Services Union New South Wales Branch, the New South Wales Branch of the Australian Nursing and Midwifery Federation and the New South Wales Nurses and Midwives’ Association, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note that the Agreement covers these organisations.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 December 2014. The nominal expiry date of the Agreement is 30 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Bundaleer Care Service Ltd, along with the NSW Nurses and Midwives Association and the Health Services Union NSW, applied for the approval of their 2014-2017 Enterprise Agreement under the Fair Work Act 2009. The application was brought before the Fair Work Commission. The primary dispute centred on whether the terms and conditions outlined in the Enterprise Agreement were fair and reasonable, particularly in relation to wages, working hours, and other employment conditions. The Commission had to determine if the agreement met the criteria for approval as set out in the Act, particularly whether it provided for fair and reasonable terms and conditions for the employees.

The court examined several legal issues, including the fairness of wage increases, the reasonableness of working hours and conditions, and compliance with the national minimum standards. A significant point of contention was the adequacy of the proposed wage increments and their alignment with the national minimum wage provisions. The Commission also had to ensure that the agreement did not unfairly disadvantage any class of employees and that it was consistent with the overarching principles of industrial relations law.

After thorough consideration, the Fair Work Commission determined that the Enterprise Agreement was fair and reasonable. The Commission found that the wage increases were commensurate with the national minimum wage provisions and that the working conditions were fair and equitable. The Commission also noted that the agreement provided for adequate consultation and dispute resolution mechanisms. Consequently, the Commission approved the Enterprise Agreement, finding that it met all the necessary criteria under the Fair Work Act. This approval ensures that the terms and conditions of employment for the employees of Bundaleer Care Service Ltd are legally compliant and fair.

Bundaleer Care Service Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established