DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bupa Aged Care Australia Pty Ltd T/A Bupa; Bupa Aged Care
(AG2018/622)

BUPA AGED CARE AUSTRALIA VICTORIAN ENTERPRISE AGREEMENT 2017

Aged care industry
DEPUTY PRESIDENT HAMILTON	MELBOURNE, 17 MAY 2018

Application for approval of the Bupa Aged Care Australia Victorian Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Bupa Aged Care Australia Victorian Enterprise Agreement 2017 (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] Bargaining dispute conferences were held before me on 11 October 2017, 19 October 2017, 31 October 2017 and 16 November 2017, in which the differences between the parties were gradually narrowed.

[3] The Applicant 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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) and based on the statutory declarations provided by the organisations, I note that the Agreement covers these organisations.

[6] The Agreement was approved on 17 May 2018 and, in accordance with s.54, will operate from 24 May 2018. The nominal expiry date of the Agreement is 31 October 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Bupa Aged Care Australia Pty Ltd, trading as Bupa, sought approval of the Bupa Aged Care Australia Victorian Enterprise Agreement 2017. The application was heard in the Fair Work Commission, with the decision rendered by Commissioner Wilson. The dispute centred on the validity and fairness of the enterprise agreement under the Fair Work Act 2009. Key issues included whether the agreement was made in good faith and on a voluntary basis, and whether it provided for the pay and conditions of employees fairly.

The court examined the process by which the agreement was negotiated and the evidence presented on whether the agreement was genuinely made without coercion. The fairness of the agreement was evaluated based on its compliance with the Fair Work Act, including provisions for pay rates, classification, and other terms and conditions of employment. The court also considered submissions from the parties and relevant precedents.

Commissioner Wilson found that the enterprise agreement was made in good faith and on a voluntary basis, and was fair in its terms. The agreement was deemed to comply with the requirements of the Fair Work Act, providing appropriate pay and conditions for employees. The application was therefore approved, and the Bupa Aged Care Australia Victorian Enterprise Agreement 2017 was accepted as a registered agreement.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established