The Uniting Church in Australia Property Trust (Q.) represented by BlueCare
[2024] FWCA 1675
•7 MAY 2024
| [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
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