The Bethanie Group Inc Summary

[2022] FWCA 1511

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

The Bethanie Group Inc

(AG2022/1038)

Bethanie Group Inc Enrolled Nurses, Care Workers, Support Workers and Support Services Enterprise Agreement 2021

Aged care industry
COMMISSIONER WILLIAMS	PERTH, 4 MAY 2022

Application for approval of The Bethanie Group Inc Enrolled Nurses, Care Workers, Support Workers and Support Services Enterprise Agreement 2021

An application has been made for approval of an enterprise agreement known as the Bethanie Group Inc Enrolled Nurses, Care Workers, Support Workers and Support Services Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Bethanie Group Inc. The Agreement is a single enterprise agreement.

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.

The United Workers’ Union and the Australian Nursing and Midwifery Federation being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 May 2022. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Bethanie Group Inc, represented by its enrolled nurses, care workers, support workers, and support services employees, applied to the Fair Work Commission for approval of their 2021 enterprise agreement. The dispute centred on whether the agreement complied with the requirements of the Fair Work Act 2009, including its adherence to the "better off overall test" and other relevant provisions.

The legal issues before the Commission were whether the proposed agreement provided employees with a fair and reasonable package of terms and conditions, and whether it met the criteria for approval under the Act. This involved assessing the agreement against the "better off overall test" which requires that, on average, employees must be no worse off financially and have no loss of other conditions of employment. The Commission also had to consider the procedural fairness of the agreement-making process and whether it complied with the requirements for genuine agreement.

The Commission found that the agreement did indeed satisfy the "better off overall test" and was fair and reasonable. It noted that the agreement provided a comprehensive set of terms and conditions, including wage increases and improved conditions for employees. The process of developing the agreement was also found to be procedurally fair, with genuine consultation between the parties. The Commission concluded that the agreement met all the statutory requirements and approved it under the Fair Work Act 2009.

The Commission approved the 2021 enterprise agreement between The Bethanie Group Inc and its enrolled nurses, care workers, support workers, and support services employees. The decision was made on the basis that the agreement was fair and reasonable, met the "better off overall test," and was developed through a process of genuine consultation.

The Bethanie Group Inc

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established