s.185 - Enterprise agreement

THE BETHANIE GROUP INC. ENROLLED NURSES, CARE WORKERS, SUPPORT WORKERS AND SUPPORT SERVICES ENTERPRISE AGREEMENT 2024

Application for approval of The Bethanie Group Inc. Enrolled Nurses, Care Workers, Support Workers and Support Services Enterprise Agreement 2024

[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 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bethanie Group Inc. Trading AS Bethanie (the Applicant). The Agreement is a single enterprise agreement.

[2] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 16 September 2024 and the Agreement was made on 12 August 2025. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

[3] The Applicant expressed the view that the Agreement passes the Better Off Overall Test (BOOT) and provided a summary of why it expressed this view. Consistent with s.193A(3) of the Act I have given consideration to this view when determining whether the Agreement passes the BOOT. The United Workers Union, who were a bargaining agent, did not express a view as to whether the Agreement passes the BOOT.

[4] During the Agreement analysis a small typographical error was identified. With the consent of the Applicant I have used s.586 of the Act to correct this error. A further potential issue arose regarding the Award entitlements attached to excursions. The Applicant advises and I accept that employees covered by the Agreement are not required to perform such duties and it is not reasonably foreseeable that they will be required to do so during the life of the Agreement. As such this concern is resolved.

[5] The Applicant has provided written undertakings. 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.

[6] Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[7] The United Workers Union (UWU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the UWU.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 October 2025. The nominal expiry date of the Agreement is 31 December 2027.

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