The Bethanie Group Inc. Trading as Bethanie Summary

[2025] FWCA 3277

The attached document replaces the document previously issued with the above code on 28 September 2025.

Change of ‘the’ to ‘The’ in title of Enterprise Agreement.

Associate to Deputy President O’Keeffe

Dated 3 October 2025.

[2025] FWCA 3277

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

The Bethanie Group Inc. Trading as Bethanie

(AG2025/2824)

THE BETHANIE GROUP INC. ENROLLED NURSES, CARE WORKERS, SUPPORT WORKERS AND SUPPORT SERVICES ENTERPRISE AGREEMENT 2024

Aged care industry
DEPUTY PRESIDENT O’KEEFFE	PERTH, 28 SEPTEMBER 2025

Application for approval of The Bethanie Group Inc. Enrolled Nurses, Care Workers, Support Workers and Support Services Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as The Bethanie Group Inc. Enrolled Nurses, Care Workers, Support Workers and Support Services Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bethanie Group Inc. Trading AS Bethanie (the Applicant). The Agreement is a single enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 16 September 2024 and the Agreement was made on 12 August 2025. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

The Applicant expressed the view that the Agreement passes the Better Off Overall Test (BOOT) and provided a summary of why it expressed this view. Consistent with s.193A(3) of the Act I have given consideration to this view when determining whether the Agreement passes the BOOT. The United Workers Union, who were a bargaining agent, did not express a view as to whether the Agreement passes the BOOT.

During the Agreement analysis a small typographical error was identified. With the consent of the Applicant I have used s.586 of the Act to correct this error. A further potential issue arose regarding the Award entitlements attached to excursions. The Applicant advises and I accept that employees covered by the Agreement are not required to perform such duties and it is not reasonably foreseeable that they will be required to do so during the life of the Agreement. As such this concern is resolved.

The Applicant has provided written undertakings. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

The United Workers Union (UWU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the UWU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 October 2025. The nominal expiry date of the Agreement is 31 December 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

The Bethanie Group Inc., trading as Bethanie, applied for approval of an enterprise agreement known as The Bethanie Group Inc. Enrolled Nurses, Care Workers, Support Workers and Support Services Enterprise Agreement 2024. The application was made under section 185 of the Fair Work Act 2009. The applicant sought approval of the agreement from the Fair Work Commission. The United Workers Union, acting as a bargaining agent, did not express a view on whether the agreement meets the better off overall test.

The main legal issues the court had to decide were whether the agreement met the requirements of sections 186, 187 and 188 of the Fair Work Act, and whether it passed the better off overall test. The court also had to consider a typographical error identified during the agreement analysis and a potential issue regarding award entitlements attached to excursions.

The court found that the applicant had satisfied the requirements of sections 186, 187 and 188 of the Act. The typographical error was corrected with the applicant's consent. Regarding the excursion entitlements, the applicant advised that employees covered by the agreement were not required to perform such duties and it was not reasonably foreseeable that they would be required to do so during the life of the agreement. The court accepted this advice and found that this concern was resolved. The court also found that the applicant's written undertakings would not cause financial detriment to any employee or result in substantial changes to the agreement.

The agreement was approved and will operate from 5 October 2025. The nominal expiry date of the agreement is 31 December 2027. The United Workers Union lodged a statutory declaration giving notice that it wants the agreement to cover it. The court noted that the agreement covers the union.

The Bethanie Group Inc. Trading as Bethanie

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established