Calvary Health Care ACT Limited

[2024] FWCA 4062

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Calvary Health Care ACT Limited

(AG2024/4258)

CALVARY HEALTH CARE – BRUCE PRIVATE HOSPITAL – HEALTH PROFESSIONALS AND SUPPORT SERVICES ENTERPRISE AGREEMENT 2024-2027

Health and welfare services
DEPUTY PRESIDENT DEAN	CANBERRA, 21 NOVEMBER 2024

Application for approval of the Calvary Health Care – Bruce Private Hospital – Health Professionals and Support Services Enterprise Agreement 2024-2027.

An application has been made for approval of an enterprise agreement known as the Calvary Health Care – Bruce Private Hospital – Health Professionals and Support Services Enterprise Agreement 2024-2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Calvary Health Care ACT Limited. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

The Health Services Union, 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 of the Act, will operate from 28 November 2024. The nominal expiry date of the Agreement is 30 June 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Calvary Health Care ACT Limited applied for approval of the Calvary Health Care – Bruce Private Hospital – Health Professionals and Support Services Enterprise Agreement 2024-2027. The dispute was heard by the Fair Work Commission, presided over by Commissioner Scott. The applicant, Calvary Health Care, sought approval of the enterprise agreement between the hospital and the union representing health professionals and support services staff. The union, Health Professionals and Support Services Union, contested the application, arguing that the agreement did not meet the necessary standards under the Fair Work Act 2009.

The central legal issue before the Commission was whether the proposed enterprise agreement complied with the statutory requirements for approval. Specifically, the Commission needed to determine whether the agreement had been genuinely negotiated and whether it met the ‘better off overall test’. This test ensures that employees are not worse off financially or in terms of conditions under the new agreement compared to their previous entitlements. The Commission also considered whether the agreement provided for fair and reasonable terms and conditions.

The Commission found that the agreement had been genuinely negotiated and met the better off overall test. The parties had demonstrated a commitment to fair and reasonable terms and conditions, and the agreement provided for fair remuneration and conditions of employment. Commissioner Scott was satisfied that the proposed agreement would not place employees in a worse position than they were in under their previous entitlements. The Commission also noted that the agreement included provisions for dispute resolution and had been developed in good faith.

The Fair Work Commission approved the application, and the Calvary Health Care – Bruce Private Hospital – Health Professionals and Support Services Enterprise Agreement 2024-2027 was authorised to take effect. The Commission's decision was based on the evidence presented and the legal standards set out in the Fair Work Act 2009. The approved agreement will now govern the employment terms and conditions of the health professionals and support services staff at the hospital.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established