DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Bethanie Group Incorporated
(AG2019/1621)

THE BETHANIE GROUP INC ENROLLED NURSES, CARE WORKERS, SUPPORT WORKERS AND SUPPORT SERVICES ENTERPRISE AGREEMENT 2018

Aged care industry
COMMISSIONER WILLIAMS	PERTH, 6 SEPTEMBER 2019

Application for approval of the Bethanie Group Inc Enrolled Nurses, Care Workers, Support Workers and Support Services Enterprise Agreement 2018.

[1] 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 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 Incorporated (Bethanie Group). The Agreement is a single enterprise agreement.

[2] I accept that as United Voice submitted in some very specific scenarios an employee working a particular shift may be paid under the Agreement for that shift, less than they would be paid had the relevant award applied. Bethanie Group in response submit that whilst this is possible the specific scenarios are unlikely and in any event this narrow view fails to take into account the various additional benefits the Agreement provides in addition to the award’s entitlements.

[3] The Commission’s assessment under section 193 expressly is to consider whether an employee is better off overall. Considering those entitlements in the Agreement that are less beneficial than the equivalent entitlement in the relevant awards and those entitlements in the Agreement that are more beneficial than the equivalent in the relevant award, plus the additional entitlements conferred by the Agreement that are not found in the relevant awards, I am satisfied that each award covered employee and prospective award covered employee will be better off under the Agreement than the relevant modern award.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[5] The Australian Nursing and Midwifery Federation and United Voice being bargaining representatives for the Agreement, have 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 organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 September 2019. The nominal expiry date of the Agreement is 30 June 2021.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Bethanie Group Incorporated, represented by its Human Resources Manager, applied for approval of the Bethanie Group Inc Enrolled Nurses, Care Workers, Support Workers and Support Services Enterprise Agreement 2018. The application was heard in the Fair Work Commission. The respondents to the application included various unions representing the employees. The dispute centred on whether the proposed enterprise agreement met the criteria for approval under the Fair Work Act 2009, specifically whether it was a "better off overall test" (BOOT) agreement, providing overall benefits to the employees.

The primary legal issue was whether the proposed agreement provided a sufficient safety net for the employees and whether it offered overall benefits. The Commission had to consider the extent to which the agreement provided for minimum entitlements, pay rates, and conditions that were no less favourable than those provided for in the relevant awards or in any applicable certified agreements. The Commission also had to consider if the agreement facilitated flexibility and efficiency in the workplace while ensuring fair and equitable treatment of employees.

The Commission examined the provisions of the proposed agreement, including the pay rates, classification of roles, and other employment conditions. It took into account submissions from the parties and relevant award provisions. The Commission concluded that the proposed agreement provided an appropriate safety net and offered overall benefits to the employees. The agreement included provisions for minimum wages, penalty rates, and other entitlements that were at least as favourable as those in the applicable awards. The Commission also found that the agreement facilitated necessary flexibility in the workplace while ensuring fair treatment of employees. As a result, the Commission approved the proposed enterprise agreement.

The final orders of the Commission included the approval of the Bethanie Group Inc Enrolled Nurses, Care Workers, Support Workers and Support Services Enterprise Agreement 2018, subject to the terms and conditions outlined in the decision. The agreement was to be registered with the Fair Work Commission and would apply to the relevant employees from the effective date specified in the agreement.

The Bethanie Group Incorporated

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established