The Bethanie Group Inc

[2022] FWCA 2377

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

The Bethanie Group Inc

(AG2022/1889)

Bethanie Group Inc. and Health Services Union (HSU) Enterprise Agreement 2021

Aged care industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 15 JULY 2022

Application for approval of the Bethanie Group Inc. and Health Services Union (HSU) Enterprise Agreement 2021

An application has been made for approval of an enterprise agreement known as the Bethanie Group Inc. and Health Services Union (HSU) Enterprise Agreement 2021 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

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

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 22 July 2022. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the Bethanie Group Inc, an entity involved in aged care services, and the Health Services Union (HSU), representing the employees, sought approval for their 2021 Enterprise Agreement. The dispute centred on the terms and conditions outlined in the proposed agreement, which the parties aimed to have endorsed by the Commission. The legal issues before the Commission involved scrutinising whether the agreement complied with relevant industrial relations laws, including fairness, efficiency, and any potential detriment to employees.

The Commission was tasked with assessing the agreement against the 'better off overall test', ensuring that employees would not be worse off financially or in terms of conditions compared to their previous arrangements. Additionally, the Commission needed to determine if the agreement was fair and reasonable, and if it complied with the national minimum standards set out in the Fair Work Act 2009. The Commission also examined whether the agreement was negotiated in good faith and if it provided for a fair and efficient workplace.

The Commission concluded that the agreement met the criteria for approval. It found that the terms were fair, did not result in any employee being worse off, and complied with national minimum standards. The negotiation process was deemed to be conducted in good faith, and the agreement provided for an efficient workplace. The Commission highlighted the benefits of the agreement, including the establishment of a structured process for resolving disputes and the provision of clear terms and conditions for employees.

The final orders of the Commission were that the Bethanie Group Inc and HSU Enterprise Agreement 2021 be approved as a registered agreement. This approval ensures that the terms and conditions set out in the agreement will apply to the employees of the Bethanie Group Inc, providing them with a clear framework for their employment relationship.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established