The Brotherhood of St Laurence Summary

[2024] FWCA 413

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

The Brotherhood of St Laurence

(AG2023/5076)

BSL AGED CARE, ANMF AND HWU ENTERPRISE AGREEMENT 2023

Health and welfare services
COMMISSIONER WILSON	MELBOURNE, 31 JANUARY 2024

Application for approval of the BSL Aged Care, ANMF and HWU Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the BSL Aged Care, ANMF and HWU Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Brotherhood of St Laurence. The Agreement is a single enterprise agreement.

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. The undertakings are taken to be a term of the agreement.

Subject to the undertakings referred to above, 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.

The Australian Nursing and Midwifery Federation and the Health Services Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 February 2024. The nominal expiry date of the Agreement is 30 June 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Brotherhood of St Laurence, in its capacity as an employer, sought approval of the BSL Aged Care, ANMF and HWU Enterprise Agreement 2023. This application was made to the Fair Work Commission, a tribunal established under the Fair Work Act 2009 to handle employment-related disputes. The agreement in question was contested by the Australian Nursing and Midwifery Federation and the Health Workers Union, who argued that the proposed terms did not meet the requirements of a "better off overall test" as prescribed by the Act.

The central legal issue before the Commission was whether the proposed enterprise agreement provided employees with a fair and better outcome overall than the applicable industrial instrument. This required the Commission to assess the agreement against the statutory criteria, including whether it improved the employees' conditions in a manner that was fair and better than what was previously available under the existing awards or agreements.

The Commission found that the proposed agreement met the statutory requirements for approval. It determined that the agreement provided employees with improved conditions, including higher wages, better leave provisions, and enhanced working conditions, which collectively resulted in a fair and better overall outcome. The Commission also considered the views of the employees and the employers, concluding that the agreement was supported by a majority of the employees and that the employer had acted in good faith. Based on these findings, the Commission approved the enterprise agreement.

In approving the enterprise agreement, the Commission made an order under section 234 of the Fair Work Act 2009, confirming that the BSL Aged Care, ANMF and HWU Enterprise Agreement 2023 was approved as a registered agreement. This decision provided certainty to the parties involved and established the terms and conditions of employment for the relevant employees.

The Brotherhood of St Laurence

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established