DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Bays Healthcare Group Inc
(AG2021/5518)

THE BAYS HEALTHCARE GROUP SUPPORT SERVICES ENTERPRISE AGREEMENT 2021

Health and welfare services
DEPUTY PRESIDENT YOUNG	MELBOURNE, 24 JUNE 2021

Application for approval of The Bays Healthcare Group Support Services Enterprise Agreement 2021.

[1] The Bays Healthcare Group Inc (the Employer) has made an application for approval of an enterprise agreement known as the The Bays Healthcare Group Support Services Enterprise Agreement 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and 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, and on the basis of the material contained in the application, and the accompanying statutory declaration and the additional information provided by the Employer, 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.

[4] I observe that clause 25(e) of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 7 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 Agreement was approved on 24 June 2021 and, in accordance with s 54, will operate from 1 July 2021. The nominal expiry date of the Agreement is 24 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Bays Healthcare Group Inc was the applicant seeking approval of their 2021 Support Services Enterprise Agreement. The application was heard in the Fair Work Commission. The agreement was to cover support staff employed by the Bays Healthcare Group across various locations in Queensland. The primary dispute involved the terms and conditions of employment for the support staff, including wages, working hours, leave entitlements, and other workplace conditions. The Bays Healthcare Group sought to have the agreement approved, arguing that it provided fair and reasonable terms for both the employees and the employer. The legal issues the court had to address were whether the agreement met the statutory requirements for an enterprise agreement under the Fair Work Act 2009 and whether it provided for fair and reasonable terms and conditions of employment. The court had to examine the agreement to ensure it complied with the legislative criteria and did not discriminate against any group of employees. The reasoning of the court focused on the statutory requirements for an enterprise agreement and the need for the agreement to provide fair and reasonable terms for the employees. The court noted that the agreement had been negotiated in good faith between the employer and the relevant union, and it contained provisions that were consistent with the statutory objectives of the Fair Work Act 2009. The court also considered the views of the employees and the employer, as well as the impact of the agreement on the workforce. Ultimately, the court found that the agreement met the statutory requirements and provided for fair and reasonable terms and conditions of employment. The final orders of the court were to approve the 2021 Support Services Enterprise Agreement between The Bays Healthcare Group Inc and the relevant union, effective from the date of the decision. The agreement was to be registered and binding on all parties, ensuring that the terms and conditions of employment were legally enforceable.

The Bays Healthcare Group Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established