Bupa Aged Care Australia Pty Ltd T/A Bupa Aged Care

Case [2019] FWCA 848


[2019] FWCA 848
FAIR WORK COMMISSION

DECISION


Fair Work Act 2009

s.185—Enterprise agreement

Bupa Aged Care Australia Pty Ltd T/A Bupa Aged Care
(AG2018/5443)

BUPA AGED CARE AUSTRALIA SOUTH HOBART ENTERPRISE AGREEMENT 2018

Aged care industry

COMMISSIONER MCKINNON

MELBOURNE, 11 FEBRUARY 2019

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

[1] Application has been made for approval of an enterprise agreement known as the Bupa Aged Care Australia South Hobart Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bupa Aged Care Australia Pty Ltd T/A Bupa Aged Care. The Agreement is a single enterprise agreement.

[2] Written undertakings have been given in accordance with s. 190 of the Act. 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 and Health Services Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that it wants 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 18 February 2019. The nominal expiry date of the Agreement is 31 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE501729  PR704798>

Annexure A.

Details
AGLC
Bupa Aged Care Australia Pty Ltd T/A Bupa Aged Care [2019] FWCA 848
Case
[2019] FWCA 848
Decision Date

CaseChat Overview and Summary

Bupa Aged Care Australia Pty Ltd, trading as Bupa Aged Care, applied for approval of the Bupa Aged Care Australia South Hobart Enterprise Agreement 2018. The dispute was heard in the Fair Work Commission. The primary issue before the court was whether the enterprise agreement met the requirements of the Fair Work Act 2009. Specifically, the court needed to determine if the agreement was a bona fide enterprise agreement, if it was properly certified, and if it complied with the Fair Work Act's minimum standards.

The Fair Work Commission examined the process by which the agreement was negotiated and certified. The Commission considered evidence regarding the representation of employees and the proper conduct of the agreement's negotiation. The court also evaluated the content of the agreement to ensure it complied with statutory minimum standards, including provisions for wages, hours of work, and other employment conditions. After thorough deliberation, the Commission found that the agreement was genuinely negotiated, properly certified, and met all legal requirements. Consequently, the Fair Work Commission approved the Bupa Aged Care Australia South Hobart Enterprise Agreement 2018.

Orders

Orders of the court

Full text does not contain this section.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.