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

[2019] FWCA 79

[2019] FWCA 79

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bupa Aged Care Australia Pty Ltd T/A Bupa; Bupa Aged Care
(AG2018/4870)

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, 8 JANUARY 2019

Application for approval 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 an enterprise agreement known as 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 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; Bupa Aged Care. The Agreement is a single enterprise agreement.

[2] I observe the following provisions are likely to be inconsistent with the National Employment Standards (NES):

● Clause 10.4 – Casual employment;

● Clause 11.2 – Notice of termination by an employee.

However, noting clause 43 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[3] 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.

[4] 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.

[5] The Australian Nursing and Midwifery Federation and the Health Services Union of Australia 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 January 2019. The nominal expiry date of the Agreement is 31 December 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE501266  PR703653>

Annexure A