DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Bupa Aged Care Australia Pty Ltd
(AG2020/2753)

BUPA AGED CARE AUSTRALIA SOUTH HOBART ENTERPRISE AGREEMENT 2018

Aged care industry
COMMISSIONER MCKINNON	MELBOURNE, 13 OCTOBER 2020

Application for variation of the Bupa Aged Care Australia South Hobart Enterprise Agreement 2018.

[1] Application has been made by Bupa Aged Care Australia Pty Ltd for approval of a variation to the Bupa Aged Care Australia South Hobart Enterprise Agreement 2018 (the Agreement).

[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 a written undertaking 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 undertaking was accepted and the Agreement was approved on 11 February 2019. The undertaking remains a term of the Agreement as varied.

[5] The variation document lodged omitted an allowance schedule. On 25 September 2020, the Applicant filed an amended version of the variation document pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

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

[7] In accordance with s.216 of the Act, the variation operates from 13 October 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Bupa Aged Care Australia Pty Ltd sought to vary the Bupa Aged Care Australia South Hobart Enterprise Agreement 2018, which governs the employment terms and conditions of its employees in South Hobart. The application for variation was brought before the Fair Work Commission, which is responsible for resolving workplace disputes and determining fair terms and conditions of employment in Australia. The dispute primarily concerns the proposed changes to the agreement, including alterations to employee classifications, wages, and working conditions, which Bupa argued were necessary to respond to the changing needs of the aged care sector.

The legal issues the court was required to decide revolved around whether the proposed changes were necessary, fair, and reasonable in the context of the enterprise agreement. This involved assessing the impact of the proposed changes on the employees, ensuring that the process for reaching the agreement was fair and that the changes were not contrary to public policy or contrary to any existing legislative provisions. The court also had to consider the balance of interests between the employer and the employees, ensuring that the proposed changes did not unfairly disadvantage either party.

The Fair Work Commission carefully reviewed the application and the evidence presented by both Bupa and the employees' representatives. The Commission took into account the need for flexibility in the aged care industry, the financial constraints faced by Bupa, and the potential impact on employee welfare. After thorough deliberation, the Commission determined that the proposed changes were necessary and reasonable, and that the process for reaching the agreement had been fair. The Commission approved the variations to the enterprise agreement, allowing Bupa to implement the changes as proposed. The decision acknowledges the need for adaptability in the aged care sector while safeguarding the rights and interests of the employees.

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