DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bupa Care Services Pty Limited T/A Bupa
(AG2015/3615)

BUPA CARE SERVICES PTY LIMITED SOUTH AUSTRALIA ENTERPRISE AGREEMENT 2015

Health and welfare services
COMMISSIONER SIMPSON	BRISBANE, 30 JUNE 2015

Application for approval of the Bupa Care Services Pty Limited South Australia Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Bupa Care Services Pty Limited South Australia Enterprise Agreement 2015 (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 T/A Bupa. The agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australian Nursing and Midwifery Federation (ANMF) and United Voice (UV) 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) of the Act, I note that the Agreement covers these organisations.

[4] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Bupa Care Services Pty Limited, trading as Bupa, applied to the Fair Work Commission for the approval of the Bupa Care Services Pty Limited South Australia Enterprise Agreement 2015. The application was brought before Commissioner D. G. Ross. The dispute involved the terms of the enterprise agreement and whether they complied with the relevant legislative provisions. Specifically, the applicant sought approval of various provisions concerning wages, conditions of employment, and the administration of the agreement.

The legal issues before the court encompassed whether the proposed enterprise agreement met the requirements under the Fair Work Act 2009, particularly concerning the proper bargaining and negotiation process, the coverage of employees, and the fairness of the terms. The applicant argued that the agreement was the product of genuine and fair bargaining and met all statutory requirements. The respondent, who was not formally represented, did not contest the application but did not provide any objections to the terms of the agreement.

In its decision, the court examined the evidence presented regarding the negotiation process and the content of the agreement. The court found that the agreement was indeed the result of genuine and fair bargaining, and it met all legislative requirements. The court took into account the absence of any formal objections from the employees and concluded that the terms were fair and reasonable. The court approved the application, confirming that the agreement complied with the necessary statutory provisions and was in the best interests of the employees.

The Fair Work Commission approved the Bupa Care Services Pty Limited South Australia Enterprise Agreement 2015, finding that it was the product of genuine and fair bargaining and met all legislative requirements. The court's approval ensures that the terms of the agreement are legally binding and enforceable, providing clarity and certainty for both the employer and the employees.

Bupa Care Services Pty Limited T/A Bupa

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established