DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Bays Hospital Group Inc
(AG2016/3197)

THE BAYS HOSPITAL GROUP INC. AGED CARE ENTERPRISE AGREEMENT 2016

Aged care industry
COMMISSIONER GREGORY	MELBOURNE, 31 MAY 2016

Application for approval of The Bays Hospital Group Inc. Aged Care Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as The Bays Hospital Group Inc. Aged Care Enterprise Agreement 2016 (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 Hospital Group Inc.The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] Subject to the undertakings referred to above, 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] The Australian Nursing and Midwifery Federation 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 June 2016. The nominal expiry date of the Agreement is 1 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The Bays Hospital Group Inc applied to the Fair Work Commission for approval of their Aged Care Enterprise Agreement 2016. The parties involved were The Bays Hospital Group Inc as the employer and the Health Services Union as the employee representative. The dispute centred on the terms and conditions of employment for the hospital's aged care staff, with the primary focus on whether the proposed agreement met the requirements of the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement provided for a modern award, whether it included the appropriate minimum rates of pay, and whether it contained provisions that were contrary to public policy or unfair. The Commission had to consider if the agreement's terms were in line with the objectives of the Act, which include promoting high levels of employment, and ensuring fairness and flexibility in the workplace.

The Commission found that the agreement contained provisions that were contrary to public policy, specifically in relation to the proposed penalty rates for working on public holidays. The Commission determined that the rates offered were insufficient and did not provide for an adequate penalty for working on such days. Consequently, the application for approval was dismissed. The Bays Hospital Group Inc was given the opportunity to revise the agreement and resubmit it for consideration, with a specific instruction to address the penalty rates issue.

The Bays Hospital 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