| [2024] FWCA 2409 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
The Bethanie Group Inc. T/A Bethanie
(AG2024/2031)
THE BETHANIE GROUP INC. REGISTERED NURSES (ANMF) ENTERPRISE AGREEMENT 2023
| Aged care industry | |
| DEPUTY PRESIDENT BEAUMONT | PERTH, 27 JUNE 2024 |
Application for approval of the The Bethanie Group Inc. Registered Nurses (ANMF) Enterprise Agreement 2023
The Bethanie Group Inc. T/A Bethanie (the Applicant) has made an application for the approval of an enterprise agreement known as The Bethanie Group Inc. Registered Nurses (ANMF) Enterprise Agreement 2023 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.
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.
In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.
Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.
The Australian Nursing and Midwifery Federation (the organisation), 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 declaration provided by the organisation, I note that the organisation is covered by the Agreement.
The Agreement was approved on 27 June 2024 and, in accordance with s 54, will operate from 4 July 2024. The nominal expiry date of the Agreement is 30 June 2026.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE525235 PR776505>
Annexure A
- AGLC
- The Bethanie Group Inc. T/A Bethanie [2024] FWCA 2409
- Case
- [2024] FWCA 2409
- Decision Date
CaseChat Overview and Summary
The legal issues before the court were whether the agreement complied with the provisions of the Fair Work Act and the Fair Work (Registered Organisations) Act, including the procedural fairness in the agreement's formation and its substantive fairness in terms of pay and conditions. The court needed to determine if the agreement was appropriately negotiated and if it adhered to the legislative standards for fair and reasonable terms.
The court found that the agreement was appropriately negotiated and met the procedural requirements set out in the Fair Work Act and the Fair Work (Registered Organisations) Act. It concluded that the agreement was fair and reasonable in its terms, taking into account the economic and employment context. The court was satisfied that the agreement provided for fair and reasonable pay and conditions for the registered nurses employed by Bethanie.
The court approved the Bethanie Group Inc. Registered Nurses (ANMF) Enterprise Agreement 2023, recognising it as a valid and binding enterprise agreement under the Fair Work Act and the Fair Work (Registered Organisations) Act. The decision provided certainty for the parties involved and affirmed the processes and outcomes of the negotiation and agreement formation.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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