DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Bethanie Group Inc. T/A Bethanie
(AG2018/3905)

BETHANIE GROUP INC. AND HEALTH SERVICES UNION (HSU) ENTERPRISE AGREEMENT 2018

Health and welfare services
DEPUTY PRESIDENT MASSON	MELBOURNE, 4 DECEMBER 2018

Application for approval of the Bethanie Group Inc. and Health Services Union (HSU) Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Bethanie Group Inc. and Health Services Union (HSU) Enterprise Agreement 2018 (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. T/A Bethanie. The Agreement is a single enterprise agreement.

[2] The Employer 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

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

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 December 2018. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent case before the Fair Work Commission, The Bethanie Group Inc. trading as Bethanie sought approval for their Enterprise Agreement 2018. This application arose due to the termination of the previous agreement, necessitating a new framework to govern the employment terms and conditions of the workforce. The Health Services Union (HSU) was the representative party for the employees in this matter.

The central legal issues before the Commission revolved around whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to consider if the agreement provided for fair and reasonable terms and conditions, did not unfairly discriminate, and complied with the 'better off overall test' which ensures that employees are no worse off financially and have better conditions overall. The Commission also examined whether the agreement had been genuinely negotiated and if it was in the best interests of the employees.

In its decision, the Fair Work Commission found that the proposed agreement met the necessary criteria for approval. The Commission noted the comprehensive nature of the agreement, which included provisions for wages, working conditions, leave entitlements, and dispute resolution mechanisms. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions and that it was genuinely negotiated. Furthermore, the 'better off overall test' was met, as the new agreement offered improved conditions and financial benefits compared to the previous agreement. Therefore, the Commission approved the Enterprise Agreement 2018, enabling its implementation from the specified commencement date.

The final orders included the approval of the Bethanie Group Inc. and Health Services Union (HSU) Enterprise Agreement 2018, with specific provisions detailing the effective date and any transitional arrangements necessary for the smooth implementation of the new agreement. This decision ensures that the terms and conditions of employment for the employees are clearly defined and protected under the new enterprise agreement.

The Bethanie Group Inc. T/A Bethanie

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established