DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Woy Woy Community Aged Care T/A BlueWave Living
(AG2021/184)

BLUE WAVE LIVING ENTERPRISE AGREEMENT 2021-2023

Aged care industry
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 3 MARCH 2021

Application for approval of the Blue Wave Living Enterprise Agreement 2021-2023.

[1] An application has been made for approval of an enterprise agreement known as the Blue Wave Living Enterprise Agreement 2021-2023 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Act). It has been made by Woy Woy Community Aged Care T/A BlueWave Living. The agreement is a single enterprise agreement.

[2] 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.

[3] Subject to the undertakings referred to above, and 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, 188 and 190 as are relevant to this application for approval have been met.

[4] The Australian Nursing and Midwifery Federation and the Health Services Union of Australia 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) and based on the declaration provided by the organisations, I note that the Agreement covers the organisations.

[5] The Agreement was approved on 3 March 2021 and, in accordance with s 54, will operate from 10 March 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved an application for approval of the Blue Wave Living Enterprise Agreement 2021-2023, between the employer, Woy Woy Community Aged Care T/A BlueWave Living, and the employees, represented by the Health Services Union of Australia. The application was made to the Fair Work Commission (FWC), which was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009. The primary issue before the FWC was whether the agreement provided for the fair and reasonable remuneration of employees and addressed the essential terms of employment in a manner consistent with the principles of the Act. This included assessing the fairness of the proposed wage rates, conditions of employment, and the overall balance of the agreement.

The FWC considered the evidence and submissions presented by both parties, including the economic context, the nature of the work, and the specific circumstances of the employer and employees. The Commission noted the employer's financial position, the market rates for similar positions, and the employees' need for fair compensation. It also examined the extent to which the agreement provided for the employees' health, safety, and welfare, and whether it allowed for flexibility and productivity in the workplace. After careful consideration, the FWC concluded that the agreement was fair and reasonable, as it provided for appropriate remuneration and essential terms of employment that balanced the interests of both parties.

In reaching its decision, the FWC emphasised the importance of maintaining good industrial relations and the role of enterprise agreements in achieving this goal. The Commission found that the proposed agreement met the statutory criteria for approval, as it provided for fair and reasonable remuneration and addressed the essential terms of employment in a manner consistent with the principles of the Act. The FWC approved the Blue Wave Living Enterprise Agreement 2021-2023, and it will now be binding on the parties from the date of the decision. The employer and employees are required to adhere to the terms of the agreement, which provides for the fair treatment of workers and the maintenance of a stable and productive workplace.

Woy Woy Community Aged Care T/A BlueWave Living

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established