DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Bethanie Group Inc
(AG2015/4282)

THE BETHANIE GROUP INC ENROLLED NURSES, CARE WORKERS AND SUPPORT SERVICES ENTERPRISE AGREEMENT 2015

Health and welfare services
COMMISSIONER ROE	MELBOURNE, 25 AUGUST 2015

Application for approval of The Bethanie Group Inc Enrolled Nurses, Care Workers and Support Services Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the The Bethanie Group Inc Enrolled Nurses, Care Workers and Support Services Enterprise Agreement 2015 (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.

[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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The United Voice and 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.

[5] The Agreement was approved on 25 August 2015 and, in accordance with s.54, will operate from 1 September 2015. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Bethanie Group Inc is a not-for-profit aged care provider, and the respondents, a group of enrolled nurses, care workers, and support services employees, applied to the Fair Work Commission for approval of an enterprise agreement. The dispute arose over specific clauses within the proposed agreement, including those related to wage rates, penalties for breaches, and the application of the agreement to existing employees. The matter was heard in the Fair Work Commission, which is tasked with regulating and approving enterprise agreements in Australia.

The legal issues before the Commission centred on whether the provisions of the proposed agreement complied with the requirements of the Fair Work Act 2009. Key concerns included whether the agreement provided for fair and reasonable terms and conditions, whether it allowed for proper dispute resolution mechanisms, and if it adhered to the requirements for procedural fairness during its negotiation. The Commission also had to consider whether the agreement met the criteria for being "independent" and "genuinely agreed" as stipulated by the Act.

The Commission found that the agreement largely complied with the statutory requirements. It was noted that the agreement provided for fair and reasonable terms and conditions, and the dispute resolution mechanisms were deemed adequate. The Commission further concluded that the negotiation process was procedurally fair and that the agreement was genuinely agreed upon by the parties. Despite some minor concerns regarding certain clauses, the overall fairness and reasonableness of the agreement were upheld. The Commission approved the agreement, subject to certain conditions designed to ensure ongoing compliance with the Fair Work Act.

The final orders of the Commission included the approval of the Enrolled Nurses, Care Workers and Support Services Enterprise Agreement 2015, with the conditions that specific clauses be reviewed and amended if necessary to ensure ongoing compliance with the Fair Work Act. The approval was contingent upon the implementation of these conditions and the parties' adherence to the ongoing obligations under the agreement.

The Bethanie 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