DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kylie Brooks T/A Bethesda Hospital Inc
(AG2021/6241)

BETHESDA HEALTH CARE (HSU) ENTERPRISE AGREEMENT 2021

Health and welfare services
COMMISSIONER YILMAZ	MELBOURNE, 12 AUGUST 2021

Application for approval of the Bethesda Health Care (HSU) Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Bethesda Health Care (HSU) Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Kylie Brooks T/A Bethesda Hospital Inc. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 54 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Health Services Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and in accordance with s.54, will operate from 19 August 2021. The nominal expiry date of the Agreement is 31 December 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the court involved an application by the respondent, Health Services Union, to have the Bethesda Health Care (HSU) Enterprise Agreement 2021 approved. The applicant, Kylie Brooks trading as Bethesda Hospital Inc, was the employer in question. The dispute centred around the terms and conditions of employment as outlined in the proposed enterprise agreement, which the union sought to have endorsed as legally binding.

The court had to determine whether the enterprise agreement complied with the necessary legal requirements and whether it was fair and reasonable for the employees it governed. This involved scrutinising the agreement's provisions against the relevant industrial laws, ensuring that it did not contravene any statutory obligations and that it offered a fair balance of rights and obligations between the employer and the employees.

In its judgment, the court found that the enterprise agreement was indeed compliant with the necessary legal standards. The court considered the agreement's provisions to be fair and reasonable, taking into account the rights and obligations of both the employer and the employees. The court noted that the agreement addressed the employees' needs and interests adequately while also providing the employer with the necessary flexibility to manage the business effectively. Consequently, the court approved the application and confirmed the Bethesda Health Care (HSU) Enterprise Agreement 2021 as a legally binding document.

Kylie Brooks T/A Bethesda Hospital Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established