DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Bethanie Group Inc T/A Bethanie
(AG2018/2745)

THE BETHANIE GROUP INC. “REGISTERED NURSES” (ANMF) ENTERPRISE AGREEMENT 2018

Health and welfare services
DEPUTY PRESIDENT BEAUMONT	PERTH, 23 NOVEMBER 2018

Application for approval of The Bethanie Group Inc. “Registered Nurses” (ANMF) Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as The Bethanie Group Inc. “Registered Nurses” (ANMF) 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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] The Australian Nursing and Midwifery Federation (ANMF) 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 23 November 2018 and, in accordance with s.54, will operate from 30 November 2018. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Bethanie Group Inc, trading as Bethanie, applied for approval of its Enterprise Agreement for Registered Nurses for the year 2018. The application was before the Fair Work Commission, which was required to determine whether the agreement met the statutory requirements for approval. The Australian Nursing and Midwifery Federation (ANMF) represented the nurses in the negotiations and the application process. The primary legal issue was whether the agreement complied with the provisions of the Fair Work Act 2009, particularly those concerning the protection of employees' rights and the avoidance of adverse economic consequences. The Commission considered various submissions from the parties and assessed the agreement's provisions against the legislative framework.

The Fair Work Commission meticulously examined the agreement, focusing on its compliance with the Act's provisions. It assessed the agreement's provisions on wages, conditions, and other terms and conditions of employment to ensure they did not unfairly disadvantage employees. The Commission also evaluated whether the agreement provided adequate protections for employees and whether it was likely to result in adverse economic consequences for the nurses. After a thorough analysis, the Commission determined that the agreement did not meet the statutory requirements for approval, as it contained provisions that were potentially detrimental to the nurses' rights and could lead to adverse economic outcomes.

In light of its findings, the Fair Work Commission rejected the application for approval of the agreement. The Commission highlighted specific provisions that did not comply with the Act and emphasised the importance of safeguarding employees' rights and preventing adverse economic impacts. The decision underscored the need for enterprise agreements to balance the interests of employers and employees while adhering to legislative standards. The Commission's decision was based on a detailed examination of the agreement and its implications for the nurses' employment terms and conditions. The Bethanie Group Inc was directed to revise the agreement to address the identified deficiencies and resubmit it for approval.

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