The Bays Hospital Group Inc

[2013] FWCA 3766

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Bays Hospital Group Inc
(AG2013/6672)

THE BAYS HOSPITAL GROUP INC. HASTINGS RESIDENTIAL CARE HEALTH AND ALLIED ENTERPRISE AGREEMENT 2013

Aged care industry
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 12 JUNE 2013

Application for approval of The Bays Hospital Group Inc. Hastings Residential Care Health and Allied Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as The Bays Hospital Group Inc. Hastings Residential Care Health and Allied Enterprise Agreement 2013 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement was approved on 12 June 2013 and, in accordance with s.54, will operate from 19 June 2013. The nominal expiry date of the Agreement is 1 March 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Bays Hospital Group Inc applied to the Fair Work Commission for approval of the Enterprise Agreement 2013 with the Hastings Residential Care Health and Allied Employees Union. The union had registered the agreement under section 231 of the Fair Work Act 2009, and the dispute centred on the union's right to register the agreement. The Bays Hospital Group Inc argued that the union did not have the requisite support of the majority of employees to register the agreement. The Fair Work Commission was required to determine whether the union had the necessary support of employees to register the agreement. The Commission considered the provisions of the Fair Work Act 2009 and relevant case law. The Commission found that the union had the requisite majority support of employees to register the agreement. The Bays Hospital Group Inc's argument that the union had not obtained the necessary support was rejected. The Commission approved the agreement under section 231 of the Fair Work Act 2009.

The Fair Work Commission approved the Enterprise Agreement 2013 between The Bays Hospital Group Inc and the Hastings Residential Care Health and Allied Employees Union. The Commission found that the union had obtained the requisite majority support of employees to register the agreement. The Bays Hospital Group Inc's argument that the union had not obtained the necessary support was rejected. The Commission considered the provisions of the Fair Work Act 2009 and relevant case law in making its decision. The Commission's decision is a reminder that unions must obtain the necessary support of employees before registering an enterprise agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established