Calvary Administration Pty Ltd

[2024] FWCA 973

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Calvary Administration Pty Ltd

(AG2024/450)

CALVARY HEALTH CARE – AGED CARE VICTORIA ENTERPRISE AGREEMENT 2023-2025

Aged care industry
COMMISSIONER YILMAZ	MELBOURNE, 19 MARCH 2024

Application for approval of the Calvary Health Care – Aged Care Victoria Enterprise Agreement 2023-2025.

An application has been made for approval of an enterprise agreement known as the Calvary Health Care – Aged Care Victoria Enterprise Agreement 2023-2025. (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Calvary Administration Pty Ltd. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187, 188, 190 and 193A as are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Health Services Union and Australian Nursing and Midwifery Federation both being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and in accordance with s.54, will operate from 26 March 2024. The nominal expiry date of the Agreement is 30 June 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Calvary Administration Pty Ltd, the applicant, sought approval for the Calvary Health Care – Aged Care Victoria Enterprise Agreement 2023-2025. The dispute arose under the Fair Work Act 2009, with the Australian Industrial Relations Commission (AIRC) tasked with determining whether the agreement should be approved. The applicant argued that the agreement met the statutory criteria for approval, including that it did not predetermine the outcome of any future enterprise bargaining or negotiations and contained fair terms and conditions.

The primary legal issue before the AIRC was whether the agreement complied with the requirements of section 235 of the Fair Work Act, specifically focusing on whether it contained terms that were fair and reasonable and did not unfairly disadvantage any party. The court also needed to assess whether the agreement was genuinely bargained and whether it provided for the appropriate process for resolving future disputes. The applicant argued that the agreement was the product of genuine negotiations and contained fair terms that balanced the interests of both parties.

In its decision, the AIRC found that the agreement met the statutory requirements for approval. The commission was satisfied that the agreement contained fair and reasonable terms that did not predetermine the outcome of any future bargaining or negotiations. The AIRC also found that the agreement was genuinely bargained and provided an appropriate process for resolving future disputes. Consequently, the commission approved the agreement, finding it to be in the best interests of the parties involved.

The AIRC's approval of the Calvary Health Care – Aged Care Victoria Enterprise Agreement 2023-2025 was based on the finding that the agreement met the statutory requirements and contained fair terms. The commission's decision recognised the need for balanced and reasonable terms in enterprise agreements to ensure the interests of all parties were protected.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established