A s.604 (Appeal of decisions) by Bupa Care Services Pty Limited against the New South Wales Nurses and Midwives’ Association has been upheld by the Full Bench of the Fair Work Commission. On 25 November 2016, Commissioner Johns issued a Decision which held that Bupa Care Services Pty Limited was not entitled to give notice to Ms Puata of a change to her roster without reaching agreement in writing and that the letter sent to Ms West on 4 August 2016 did not comply with the Bupa Care Services, NSWNMA, ANMF (NSW Branch) and HSU NSW Branch, New South Wales Enterprise Agreement 2013. Now the Fair Work Commission is satisfied Bupa informed Ms West of her guaranteed minimum number of hours and her rostering arrangements in writing pursuant to the Agreement. “There is nothing particularised in the Agreement that provides that Ms West is to be personally informed in writing of changes to her roster. The Agreement only provides that Ms West is to be informed in writing and this was adhered to by way of a displayed roster which stipulated her starting and finishing times and the letter dated 4 August 2016 which outlined the changes to Ms West’s minimum hours of work. Thus, we are not satisfied that the manner in which Bupa reached an agreement with Ms West in relation to her reduction in hours of work and her rostering arrangements contravened the Agreement,” said the FWC Full Bench.
