The industrial relations tribunal's Commissioner Jennifer Hunt said Australia's largest independent Not For Profit aged care provider "did not take all reasonable steps to ensure that the terms of the Agreement, and the effect of those terms, were explained to the relevant employees."
The FWC had previously raised concerns with Bolton Clarke about the agreement and the Australian Nursing and Midwifery Federation and the United Workers’ Union also appealed the agreement, which staff approved with a 53% majority on 9 May 2024, to be dismissed.
Bolton Clarke had told Queensland staff it would provide a 2% increase to the minimum wage at each level of a new classification structure. After the FWC's annual wage decision of a 3.75% rise was handed down in June, the employer said some of the rates in the proposed deal no longer applied.
Staff left in the dark
Bolton Clarke allegedly failed to clarify to staff if they would get a pay rise, did not explain which classification staff would fall into after the four agreements - the merging of the four agreements was brought about by Bolton Clarke's 2021 acquisition of Allity and the 2023 purchase of McKenzie Aged Care - were rolled into one even though it knew the information, and did not provide translated material to the more than 1,000 employees from non-English speaking backgrounds.
Bolton Clarke's head of Employee Relations and Remuneration Carly Carloss told the FWC at a hearing on 5 August, "We had lots of pressure to go fast to try to minimise no campaigns. We knew the unions didn't support the agreement."
Chief People Officer
Bolton Clarke
The Queensland Nurses and Midwives' Union, which states it is Queensland's most powerful union, said it will recommence bargaining with Bolton Clarke "ASAP in pursuit of higher wages and better conditions for members than those contained in the 9 May ‘Agreement’, and which are all above Award."
Bolton Clarke wants benefits for staff ASAP
Chief People Officer Mel Leahy told The SOURCE, "With this outcome, we will now take some time to determine next steps to move forward with the unions. We will continue to work together so that benefits can be passed on to Queensland teams as soon as possible."
In Victoria, industrial action at Bolton Clarke which started in July has been resolved.
