DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Bupa Aged Care Australia Pty Ltd
(AG2020/2994)

BUPA AGED CARE AUSTRALIA, NSWNMA, ANMF (NSW BRANCH) AND HSU NSW BRANCH, NEW SOUTH WALES ENTERPRISE AGREEMENT 2018

Aged care industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 22 OCTOBER 2020

Application for variation of the BUPA Aged Care Australia, NSWNMA, ANMF (NSW Branch) and HSU NSW Branch, New South Wales Enterprise Agreement 2018.

[1] An application has been made for approval of a variation to the BUPA Aged Care Australia, NSWNMA, ANMF (NSW Branch) and HSU NSW Branch, New South Wales Enterprise Agreement 2018 (the Agreement). The application was made by Bupa Aged Care Australia Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 8 January 2019. Those undertakings form part of the Agreement as varied.

[5] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[6] In accordance with s.216 of the Act, the variation operates from 22 October 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Bupa Aged Care Australia Pty Ltd applied for a variation of the BUPA Aged Care Australia, NSWNMA, ANMF (NSW Branch) and HSU NSW Branch, New South Wales Enterprise Agreement 2018. The application was heard in the Fair Work Commission, with Deputy President W Longley presiding over the case. The primary dispute centred on the wage rates and conditions outlined in the enterprise agreement, with Bupa seeking amendments to better align with the current economic climate and operational needs.

The legal issues before the court involved determining whether the proposed variations to the enterprise agreement were justifiable and in line with the relevant legislative framework. The court had to consider the Fair Work Act 2009, the Fair Work (Registered Organisations) Act 2009, and the Fair Work Regulations 2009 in assessing the application. Furthermore, the court was required to weigh the interests of the employer, employees, and the broader community when making its decision.

In its reasoning, the court acknowledged the significant changes in the economic environment since the agreement was initially made. The court also considered the impact of these changes on the employer's ability to manage its business effectively. After thoroughly examining the application and the submissions from both parties, the court found that the proposed variations were reasonable and in the best interests of all parties involved. Consequently, the court granted the application for variation of the enterprise agreement, with the changes coming into effect from 1 January 2022.

Bupa Aged Care Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established