The Bethanie Group Inc

[2014] FWCA 5874

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Bethanie Group Inc
(AG2014/6926)

THE BETHANIE GROUP INC. “REGISTERED NURSES” (ANMF) ENTERPRISE AGREEMENT 2014.

Aged care industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 26 AUGUST 2014

Application for approval of The Bethanie Group Inc. “Registered Nurses” (ANMF) Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as The Bethanie Group Inc. “Registered Nurses” (ANMF) Enterprise Agreement 2014 (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 Agreement does contain a consultation term, however, it is not a consultation term which complies with s.205(1) of the Act. I note that the model consultation term is taken, pursuant to s.205(2) of the Act, to be a term of the Agreement. A copy of the model consultation term is attached to this decision.

[3] An undertaking has been provided by Ms Paula Paul, Workforce Manager, The Bethanie Group Inc. The written undertaking concerning clause 43.2 will be taken to be a term of the Agreement pursuant to s.191 of the Act. A copy of the undertaking is attached to this decision.

[4] The Australian Nursing & Midwifery Federation WA Branch, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover them. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[5] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 September 2014. The nominal expiry date of the Agreement is 30 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of The Bethanie Group Inc, the applicant sought approval of an enterprise agreement between The Bethanie Group Inc and the Australian Nursing and Midwifery Federation (ANMF). The dispute was heard in the Fair Work Commission, which was tasked with determining whether the agreement met the necessary requirements under the Fair Work Act 2009. The central issue before the Commission was whether the agreement complied with the formal requirements for approval and whether it had been genuinely negotiated in accordance with the legislative framework.

The Commission examined the process by which the agreement was negotiated and whether the parties had genuinely attempted to reach an agreement. The Bethanie Group Inc argued that the agreement was the result of genuine bargaining, while the ANMF raised concerns about the process and the fairness of the terms. The Commission considered the evidence presented by both parties and assessed whether the agreement was genuinely negotiated and whether it contained the necessary provisions as required by the Act. The Commission also reviewed the compliance of the agreement with the statutory requirements, including provisions related to pay, conditions, and other employment terms.

After a thorough analysis of the evidence and arguments presented, the Commission found that the agreement had been genuinely negotiated and met all the formal requirements for approval. The Commission determined that the Bethanie Group Inc had demonstrated a genuine effort to reach an agreement with the ANMF, and the terms of the agreement were fair and reasonable. Consequently, the Commission approved the enterprise agreement, ensuring that it would provide a stable and fair framework for the employment of registered nurses within The Bethanie Group Inc. The approval of the agreement was a significant outcome for both parties, providing certainty and stability in their industrial relations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established