Bupa Care Services Pty Limited

[2014] FWCA 724

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bupa Care Services Pty Limited
(AG2013/12804)

BUPA CARE SERVICES, ANMF AND HSU VICTORIAN ENTERPRISE AGREEMENT 2013

Aged care industry
COMMISSIONER JOHNS	MELBOURNE, 30 JANUARY 2014

Application for approval of the Bupa Care Services, ANMF and HSU Victorian Enterprise Agreement 2013.

[1] On 20 December 2013 Bupa Care Services Pty Limited (Applicant) made an application for approval of the Bupa Care Services, ANMF and HSU Victorian Enterprise Agreement 2013 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (FWAct). 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] On 6 January 2014 the Applicant wrote to the Commission advising of two typographical errors in the Agreement. Schedule C of the Agreement provided a nauseous allowance to be paid “per shift”. The Applicant sought to have the Agreement amended to read “per hour”.

[5] Pursuant to s.586 of the FW Act, the Commission is satisfied the amendments should be made.

[6] The Health Services Union Victorian Branch and Australian Nursing and Midwifery Federation, 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.

[7] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 6 February 2014. The nominal expiry date of the Agreement is 1 October 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Bupa Care Services Pty Limited, an aged care provider, sought approval for the Bupa Care Services, ANMF and HSU Victorian Enterprise Agreement 2013 from the Fair Work Commission (FWC). The Australian Nursing and Midwifery Federation (ANMF) and the Health Services Union (HSU) were involved in the negotiations of the agreement, which was intended to govern the employment terms of Bupa’s staff in Victoria. The application came before the FWC, where the primary concern was whether the agreement met the criteria for approval under the Fair Work Act 2009.

The legal issues before the FWC involved determining if the agreement was in the public interest and if it met the procedural requirements for approval. The FWC had to consider whether the agreement provided a fair balance between the interests of the employer and employees, if it was free from coercion and undue influence, and if it complied with the procedural prerequisites set out in the legislation. Additionally, the FWC needed to assess if the agreement contained the necessary provisions for employee protections and if it met the minimum standards for pay and conditions.

The FWC found that the agreement was in the public interest and was free from coercion and undue influence. The FWC concluded that the agreement provided a fair balance of rights and obligations for both parties and contained adequate protections for employees. It was determined that the agreement complied with all procedural requirements and met the minimum standards for pay and conditions. The FWC also found that the agreement contained provisions for the resolution of disputes, which was an essential aspect of ensuring a fair workplace. As a result, the FWC approved the Bupa Care Services, ANMF and HSU Victorian Enterprise Agreement 2013.

The FWC approved the enterprise agreement, and it came into effect on the date of the approval. The agreement now governs the employment terms of Bupa’s staff in Victoria, providing a framework for the relationship between the employer and employees. The decision by the FWC provides clarity and certainty for both Bupa and its employees, ensuring that their rights and obligations are clearly defined.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established