The Bethanie Group Inc. Summary

[2025] FWCA 1018

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

The Bethanie Group Inc.

(AG2025/372)

THE BETHANIE GROUP INC. AND HEALTH SERVICES UNION (HSU) ENTERPRISE AGREEMENT 2024

Aged care industry
COMMISSIONER SCHNEIDER	PERTH, 24 MARCH 2025

Application for approval of The Bethanie Group Inc. and Health Services Union (HSU) Enterprise Agreement 2024

The Bethanie Group Inc. (the Applicant) has made an application for the approval of an enterprise agreement known as The Bethanie Group Inc. and Health Services Union (HSU) Enterprise Agreement 2024 (the Agreement).

The application was made under section 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

The Applicant has provided a written undertaking. A copy of the undertaking is attached to the Agreement. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

In compliance with section 190(4) of the Act, the bargaining representative’s views regarding the undertaking proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered. 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 sections 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

The Health Services Union (HSU), being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with section 201(2) of the Act, and based on the declaration provided by the organisation, I note that the Union is covered by the Agreement.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 31 March 2025. The nominal expiry date of the Agreement is 30 June 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Bethanie Group Inc. and the Health Services Union (HSU) brought an application before the Fair Work Commission for the approval of their 2024 Enterprise Agreement. The Bethanie Group Inc. is an employer in the aged care sector, and the HSU is the representative union for the employees. The dispute centred on whether the proposed agreement met the necessary requirements under the Fair Work Act 2009 for a modern award to be approved by the Commission.

The primary legal issue before the Court was whether the Enterprise Agreement complied with the provisions of the Fair Work Act. Specifically, the Court needed to determine if the agreement provided for fair and reasonable terms and conditions, whether it was free from any unlawful content, and if it met the procedural requirements for approval as set out in the legislation. The Court also had to assess if the agreement offered a fair balance between the interests of the employer and the employees.

After reviewing the submissions and the content of the proposed agreement, the Court found that the Enterprise Agreement was fair and reasonable. The agreement was free from any unlawful content and provided for terms and conditions that were considered appropriate for the industry. The Court was satisfied that the agreement met the statutory requirements for approval, including the procedural steps taken by the parties in reaching the agreement. The Court also noted the balance achieved between the interests of the employer and the employees, which was considered fair and reasonable.

Accordingly, the Court approved the Enterprise Agreement, setting out the terms and conditions of employment for the employees of The Bethanie Group Inc. for the period of the agreement. This decision ensures that the agreement is legally binding and enforceable, providing clarity and certainty for both the employer and the employees in the aged care sector.

The Bethanie Group Inc.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established