DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bundaleer Care Services Limited T/A Bundeleer Care Services
(AG2018/2129)

BUNDALEER CARE SERVICES LIMITED, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2017 - 2020

Aged care industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 18 DECEMBER 2018

Application for approval of the Bundaleer Care Services Limited, NSWNMA and HSU NSW Enterprise Agreement 2017 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Bundaleer Care Services Limited, NSWNMA and HSU NSW Enterprise Agreement 2017 - 2020 (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 Services Limited T/A Bundeleer Care Services. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Australian Nursing and Midwifery Federation (ANMF) and the Health Services Union (HSU) 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) I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 December 2018. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Bundaleer Care Services Limited, the NSW Nurses and Midwives Association (NSWNMA), and the Health Services Union NSW (HSU NSW). The dispute was regarding the approval of the Enterprise Agreement 2017-2020. The application was heard in the Fair Work Commission (FWC). The core issue for the FWC to decide was whether the agreement should be approved as a registered agreement under the Fair Work Act 2009. Specifically, the FWC had to consider whether the agreement met the criteria for registration, such as ensuring employees were not disadvantaged and that the agreement provided for proper dispute resolution mechanisms.

The FWC examined the submissions and evidence provided by the parties, focusing on the terms of the agreement and its impact on the employees. The FWC determined that the agreement provided for fair and reasonable terms and conditions of employment, including provisions for dispute resolution that were consistent with the requirements of the Fair Work Act. The FWC was satisfied that the agreement did not disadvantage employees and met the criteria for approval. Consequently, the FWC approved the Enterprise Agreement 2017-2020, registering it under the Fair Work Act.

The FWC's decision was based on the evidence and submissions presented, which demonstrated that the agreement was fair and reasonable. The FWC found that the agreement provided for adequate dispute resolution mechanisms and did not disadvantage employees. As a result, the FWC approved the Enterprise Agreement 2017-2020, allowing it to be registered and enforced as a binding agreement between the parties. The final orders of the FWC were that the Enterprise Agreement 2017-2020 was approved and registered under the Fair Work Act 2009.

Bundaleer Care Services Limited T/A Bundeleer Care Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established