Bushland Health Group Ltd Summary

[2014] FWCA 8161

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bushland Health Group Ltd
(AG2014/9566)

THE BUSHLAND HEALTH GROUP, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2014 - 2017.

Aged care industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 18 NOVEMBER 2014

Application for approval of The Bushland Health Group, NSWNMA and HSU NSW Enterprise Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known as The Bushland Health Group, NSWNMA and HSU NSW Enterprise Agreement 2014 - 2017 (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 Health Services Union New South Wales Branch, the New South Wales Branch of the Australian Nursing and Midwifery Federation and the New South Wales Nurses and Midwives’ Association, 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.

[3] I am 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 November 2014. The nominal expiry date of the Agreement is 30 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of Bushland Health Group Ltd involved an application for the approval of an enterprise agreement. The applicant, Bushland Health Group, sought approval for an agreement between itself, the New South Wales Nurses and Midwives' Association (NSWNMA), and the Health Services Union NSW (HSU NSW). The dispute was heard in the Fair Work Commission, the tribunal responsible for such matters in Australia. The agreement in question was for the period 2014 to 2017 and covered various terms and conditions of employment for the nurses and midwives employed by the Bushland Health Group.

The legal issues before the court centred on whether the proposed agreement met the requirements set out in the Fair Work Act 2009. Specifically, the court needed to determine if the agreement contained the necessary minimum terms as outlined in the Act, and if it had been fairly and genuinely negotiated. Additionally, the court had to consider whether the agreement was in the best interests of the employees and whether it complied with the Good Faith Bargaining provisions.

The court examined the evidence presented by the parties and found that the agreement contained the minimum terms required by the Act. The court was satisfied that the agreement had been fairly and genuinely negotiated, and that it was in the best interests of the employees. The evidence showed that the parties had engaged in good faith bargaining, and that the agreement reflected the interests of both the employer and the employees. The court approved the agreement, finding that it met all the necessary criteria.

The Fair Work Commission approved the Bushland Health Group, NSWNMA and HSU NSW Enterprise Agreement 2014 - 2017. The decision was made on the basis that the agreement contained the required minimum terms, had been fairly and genuinely negotiated, and was in the best interests of the employees. The court's approval of the agreement ensures that the terms and conditions of employment for the nurses and midwives employed by the Bushland Health Group are regulated by this agreement for the specified period.

Bushland Health Group Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established