Bupa Care Services Pty Limited Summary

[2014] FWCA 278

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bupa Care Services Pty Limited
(AG2013/12896)

BUPA CARE SERVICES, NSWNMA, ANMF (NSW BRANCH) AND HSU NSW BRANCH, NEW SOUTH WALES ENTERPRISE AGREEMENT 2013

Aged care industry
VICE PRESIDENT WATSON	SYDNEY, 24 JANUARY 2014

Application for approval of the Bupa Care Services, NSWNMA, ANMF (NSW Branch) and HSU NSW Branch, New South Wales Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Bupa Care Services, NSWNMA, ANMF (NSW Branch) and HSU NSW Branch, New South Wales Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bupa Care Services Pty Limited.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] A written undertaking dated 14 January 2014 has been received from the employer concerning additional payments for certain casual employees for weekend work. Pursuant to s.191 of the Act, the undertaking is taken to be a term of the Agreement. A copy of the undertaking is annexed to this decision and to the Agreement.

[4] The Health Services Union - New South Wales Branch and the New South Wales Nurses and Midwives’ Association and the Australian Nursing Federation - New South Wales Branch 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 these organisations.

[5] The Agreement is approved and, in accordance with s.54(1)(a), will operate from 31 January 2014. The nominal expiry date of the Agreement is 31 August 2016.

VICE PRESIDENT WATSON

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Bupa Care Services Pty Limited was involved in a dispute regarding the approval of the New South Wales Enterprise Agreement 2013. The agreement was between Bupa Care Services and several unions, including the NSW Nurses and Midwives' Association, the Australian Nursing and Midwifery Federation (NSW Branch), and the Health Services Union NSW Branch. The application for approval of the agreement was heard in the Fair Work Commission. The unions argued that the agreement should be approved as it met the requirements of the Fair Work Act 2009. Bupa Care Services, on the other hand, argued that the agreement should not be approved as it failed to meet the requirements of the Act.

The primary legal issue that the Commission had to decide was whether the agreement met the criteria for approval under the Fair Work Act 2009. The Commission had to determine whether the agreement was a "good faith" agreement, whether it contained the minimum terms and conditions required by the Act, and whether it provided for a fair and efficient workplace. The Commission also had to consider whether the agreement was in the best interests of the employees and whether it promoted productivity and economic efficiency.

The Commission found that the agreement met the criteria for approval under the Fair Work Act 2009. The Commission found that the agreement was a good faith agreement and contained the minimum terms and conditions required by the Act. The Commission also found that the agreement promoted productivity and economic efficiency and was in the best interests of the employees. The Commission approved the agreement, subject to certain modifications to ensure that it met the requirements of the Act. The modifications included changes to the provisions relating to the classification of employees and the payment of overtime. Overall, the Commission was satisfied that the agreement provided a fair and efficient workplace for the employees and met the requirements of the Act.

Bupa Care Services Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established