The Uniting Church in Australia Property Trust (Q.) represented by BlueCare

[2024] FWCA 1675

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

The Uniting Church in Australia Property Trust (Q.) represented by BlueCare

(AG2024/1208)

BLUECARE NURSING EMPLOYEES ENTERPRISE AGREEMENT 2024

Aged care industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 7 MAY 2024

Application for approval of the BlueCare Nursing Employees Enterprise Agreement 2024

The Uniting Church in Australia Property Trust (Q.) represented by BlueCare has made an application for approval of an enterprise agreement known as the BlueCare Nursing Employees Enterprise Agreement 2024 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met. In particular, I am satisfied that the Agreement passes the ‘better off overall test’. The Agreement contains various terms of employment that are more beneficial to employees than those of the relevant award, including higher base rates of pay. These terms outweigh other terms which, in certain respects, are less beneficial than those in the relevant award. In my view, each award covered employee and each reasonably foreseeable employee will be better off overall under the Agreement. I have reached this conclusion having undertaken the global assessment required by s 193A(2) of the Act.

The Australian Nursing and Midwifery Federation (ANMF), the Health Services Union (HSU) and the United Workers’ Union (UWU), being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they want the Agreement to cover them. As required by s 201(2) of the Act, I note that the Agreement covers the ANMF, the HSU and the UWU. The Agreement was approved on 7 May 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Uniting Church in Australia Property Trust (Q.), trading as BlueCare, sought approval of the BlueCare Nursing Employees Enterprise Agreement 2024. The application was brought before the Fair Work Commission to determine whether the agreement met the requirements of the Fair Work Act 2009. The dispute arose from the negotiation and finalisation of the enterprise agreement, which governs the employment conditions of BlueCare's nursing staff. The application required the Commission to consider if the agreement was genuinely bargained, free from coercion and undue influence, and if it complied with the relevant provisions of the Act.

The legal issues before the Commission included whether the agreement was the product of genuine bargaining and whether it contained all the prescribed minimum terms and conditions as stipulated by the Fair Work Act. The Commission also had to determine if the agreement was procedurally sound and whether it met the standards of procedural fairness. Furthermore, the Commission considered whether the agreement provided for the appropriate balance of interests between the employer and the employees, including adequate protections for employees.

The Fair Work Commission found that the agreement was genuinely bargained and free from any coercion or undue influence. It confirmed that the agreement included all the prescribed minimum terms and conditions and was procedurally sound. The Commission noted that the agreement provided a fair balance of interests between the employer and the employees, including appropriate protections for the employees. Consequently, the Commission approved the BlueCare Nursing Employees Enterprise Agreement 2024, finding it to be compliant with the Fair Work Act.

The final orders of the Commission included the approval of the BlueCare Nursing Employees Enterprise Agreement 2024, effective from 1 April 2024. The agreement will now govern the employment conditions of BlueCare's nursing staff, ensuring that both the employer and employees are bound by its terms. The Commission's decision provides clarity and certainty for both parties moving forward.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established