The Bays Healthcare Group Inc

[2020] FWCA 4495

[2020] FWCA 4495

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Bays Healthcare Group Inc
(AG2020/2059)

THE BAYS HOSPITAL GROUP INC. AGED CARE ENTERPRISE AGREEMENT 2020

Health and welfare services
DEPUTY PRESIDENT CLANCY	MELBOURNE, 25 AUGUST 2020

Application for approval of The Bays Healthcare Group Inc. Aged Care Enterprise Agreement 2020.

[1] An application has been made for the approval of an enterprise agreement known as The Bays Hospital Group Inc. Aged Care Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Bays Healthcare Group Inc. The Agreement is a single enterprise agreement.

[2] The Agreement does not cover all of the employees of The Bays Healthcare Group Inc, however, taking into account the factors in s.186(3) and s.186(3A) I am satisfied that the group of employees was fairly chosen.

[3] I observe that clause 21(e) and clause 24 of the Agreement may operate in such a way that is inconsistent with the National Employment Standards (NES). However, noting clause 6 of the Agreement, I am satisfied the more favourable entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] The Bays Healthcare Group Inc has provided written undertakings. A copy of the undertakings is attached in Annexure A. They were forwarded to but were not the subject of objection from the Australian Nursing and Midwifery Federation (Victorian Branch) (the ANMF). 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 terms of the Agreement.

[5] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[6] The ANMF, 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) and based on the statutory declarations provided by it, I note that the Agreement covers the ANMF.

[7] The Agreement is approved and, in accordance with s.54(1)(b), will operate from 1 September 2020. The nominal expiry date of the Agreement is 1 March 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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Annexure A