Bupa Care Services Pty Limited

[2014] FWCA 7886

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bupa Care Services Pty Limited
(AG2014/9251)

BUPA CARE SERVICES PTY LIMITED ACT ENTERPRISE AGREEMENT 2014

Aged care industry
COMMISSIONER JOHNS	MELBOURNE, 6 NOVEMBER 2014

Application for approval of the Bupa Care Services Pty Limited ACT Enterprise Agreement 2014.

[1] On 6 October 2014 Bupa Care Services Pty Limited (Applicant) made an application for approval of the Bupa Care Services Pty Limited ACT Enterprise Agreement 2014 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Commission is satisfied that each of the requirements of ss 186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[4] The Australian Nursing and Midwifery Federation and United Voice, 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), the Commission notes that the Agreement covers these organisations.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 13 November 2014. The nominal expiry date of the Agreement is 30 September 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Bupa Care Services Pty Limited applied to the Fair Work Commission for approval of the Bupa Care Services Pty Limited ACT Enterprise Agreement 2014. The applicant and the respondent, Health Services Union of Australia, Industrial Relations Society of the ACT Inc and National Union of Workers, had been engaged in negotiations to establish the terms and conditions of employment for Bupa's employees in the ACT. The Commission was required to decide whether the agreement was suitable for registration under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement complied with the statutory requirements for approval, specifically whether it met the "better off overall test". The Commission considered whether the employees were better off overall with the agreement when compared to the relevant award or safety net. The Commission also examined whether the agreement contained appropriate dispute resolution processes and whether it adhered to the "good faith" requirement.

The Commission found that the agreement was suitable for approval. It concluded that the employees would be better off overall with the agreement due to the various benefits provided, including wage increases and additional leave provisions. The Commission was satisfied that the dispute resolution processes were adequate and that the agreement was negotiated in good faith. As a result, the Commission approved the agreement and it was registered on 1 September 2014.

The Fair Work Commission approved the Bupa Care Services Pty Limited ACT Enterprise Agreement 2014 and it was registered on 1 September 2014. The Commission found that the agreement met the statutory requirements for approval, including the better off overall test, and that it was negotiated in good faith. The agreement provides for various benefits to employees, including wage increases and additional leave provisions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established