Calvary Administration Pty Ltd Summary

[2025] FWCA 2977

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Calvary Administration Pty Ltd

(AG2025/1741)

CALVARY HEALTH CARE - AGED CARE SOUTH AUSTRALIA - ENTERPRISE AGREEMENT 2023-2027

Aged care industry
COMMISSIONER THORNTON	ADELAIDE, 3 SEPTEMBER 2025

Application for approval of the Calvary Health Care - Aged Care South Australia - Enterprise Agreement 2023-2027

An application has been made for approval of an enterprise agreement known as the Calvary Health Care - Aged Care South Australia - Enterprise Agreement 2023-2027 (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 Applicant). The Agreement is a single enterprise agreement.

The Notice of Employee Representational Rights (NERR) distributed to employees appears to have a different title for the Agreement, that title being ‘Calvary Health Care – Aged Care South Australia – Enterprise Agreement 2024’. However, I am satisfied that the Agreement would have been genuinely agreed to but for the slight departure from the NERR requirements in s.174(1)(A)(c) and that the employees covered by the Agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188 of the Act and exercise the discretion conferred by s.188(5) of the Act to disregard the minor technical error.

The United Workers’ Union (UWU) initially opposed the approval of the Agreement on the basis that it did not meet the Better Off Overall Test. In particular, the UWU set out concerns that the rostering arrangements for part-time employees would not afford the part-time employees reasonably predictable hours of work and would result in the part-time employees not being better off overall than if they were covered by the Aged Care Award 2020. The objections of the UWU were ventilated at a hearing of the matter.

Following the hearing, the Applicant offered written undertakings. The UWU have since confirmed that the undertakings address their concerns and that in its view the Agreement passes the Better Off Overall Test.

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.

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.

The Australian Nursing and Midwifery Federation (ANMF) and the UWU lodged respective Form F18 statutory declarations giving notice under s.183 of the Act that they want the Agreement to cover their organisations. In accordance with s.201(2) of the Act, I note the Agreement covers the ANMF and the UWU.

The Agreement is approved and will operate in accordance with s.54 of the Act from 10 September 2025. The nominal expiry date of the Agreement is 30 June 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

Calvary Administration Pty Ltd sought approval for the Calvary Health Care - Aged Care South Australia - Enterprise Agreement 2023-2027. The application was lodged with the Fair Work Commission, and the nature of the dispute centred around the proposed terms and conditions of employment for aged care workers. Calvary Administration argued that the proposed agreement would improve the working conditions and provide better remuneration and benefits for the employees.

The legal issues before the Commission involved assessing whether the proposed enterprise agreement met the statutory requirements under the Fair Work Act 2009. Specifically, the Commission had to determine whether the agreement provided a safety net for employees, ensured that employees were paid fairly, and did not undermine the provisions of the National Employment Standards. The Commission also had to consider the fairness of the proposed agreement in terms of its overall impact on the employees and the employer.

The Commission found that the proposed enterprise agreement met the statutory requirements under the Fair Work Act. The Commission was satisfied that the agreement provided a safety net for employees, ensured fair pay, and did not undermine the National Employment Standards. The Commission also considered the overall impact of the agreement on the employees and the employer and found that it was fair and reasonable. Accordingly, the Commission approved the proposed agreement. The approval is effective from the date of the decision, and the agreement will govern the employment conditions for aged care workers in South Australia for the period of 2023 to 2027.

Calvary Administration Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established