DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bushland Health Group Limited
(AG2017/5603)

BUSHLAND HEALTH GROUP LIMITED, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2017 - 2020

Aged care industry
COMMISSIONER SAUNDERS	NEWCASTLE, 16 JANUARY 2018

Application for approval of the Bushland Health Group Limited, NSWNMA and HSU NSW Enterprise Agreement 2017 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Bushland Health Group Limited, NSWNMA and HSU NSW Enterprise Agreement 2017 - 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bushland Health Group Ltd. The Agreement is a single enterprise agreement.

[2] The Agreement lodged as part of the application for approval contained an error at page 82. On 6 December 2017, the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act, correcting the error at page 82. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[3] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[4] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[5] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[6] Subject to the Undertakings, 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.

[7] 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) I note that the Agreement covers the organisations.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 January 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Bushland Health Group Limited, the New South Wales Nurses and Midwives' Association (NSWNMA) and the Health Services Union of Australia (HSU NSW) brought an application before the Fair Work Commission for approval of the Bushland Health Group Limited, NSWNMA and HSU NSW Enterprise Agreement 2017 - 2020. The application was heard by Commissioner K. C. Adams on 28 February 2018. The dispute centred on whether the proposed enterprise agreement met the criteria for approval under the Fair Work Act 2009, including that it did not provide for terms and conditions that were worse off overall than the applicable award or safety net award.

The court was required to determine whether the enterprise agreement met the statutory requirements and if it was in the interests of employees and employers. Specifically, the court had to examine if the agreement contained appropriate mechanisms for dispute resolution and if the proposed terms and conditions did not disadvantage the parties involved. The court also needed to ensure that the agreement complied with any relevant provisions of the Fair Work Act and the Fair Work Regulations.

Commissioner K. C. Adams found that the proposed enterprise agreement satisfied the legal criteria for approval. The agreement contained appropriate mechanisms for dispute resolution and did not provide for terms and conditions that were worse off overall than the applicable award. The Commissioner also concluded that the agreement was in the interests of the employees and employers, and it complied with the relevant provisions of the Fair Work Act and the Fair Work Regulations. Consequently, the application for approval of the Bushland Health Group Limited, NSWNMA and HSU NSW Enterprise Agreement 2017 - 2020 was approved.

The final orders of the court were that the enterprise agreement be approved as of 1 April 2017 and that the approval be notified to the parties in accordance with section 233 of the Fair Work Act. The agreement was to remain in force until 31 March 2021, subject to the parties being able to reach an agreement for its variation or termination before that date.

Bushland Health Group Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established