DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Calvary Health Care ACT Limited
(AG2017/2479)

CALVARY PRIVATE HOSPITAL BRUCE NURSING AND MIDWIFERY SERVICES ENTERPRISE AGREEMENT 2017

Australian Capital Territory
COMMISSIONER SAUNDERS	MELBOURNE, 21 AUGUST 2017

Application for approval of the Calvary Private Hospital Bruce Nursing and Midwifery Services Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Calvary Private Hospital Bruce Nursing and Midwifery Services Enterprise Agreement 2017. (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.

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[6] The Australian Nursing and Midwifery Federation 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 August 2017. The nominal expiry date of the Agreement is 1 March 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Calvary Health Care ACT Limited sought approval of an enterprise agreement governing the terms and conditions of employment for nursing and midwifery staff at the Calvary Private Hospital Bruce. The application was made under section 230 of the Fair Work Act 2009. The parties involved in the dispute were the Calvary Health Care ACT Limited, the applicant, and the Health Services Union of Australia, the respondent. The application was heard in the Fair Work Commission.

The central legal issue before the Court was whether the Enterprise Agreement met the "better off overall test" required by section 230(2) of the Fair Work Act 2009. This test required the Commission to determine if the agreement would provide employees with terms and conditions that are no worse than those they would have under their previous agreements or the applicable award, while also offering them some benefits. The Court needed to consider the overall impact of the agreement on the employees' terms and conditions of employment.

In determining the application, the Court considered the submissions made by both parties and the evidence provided. The Court found that the agreement met the better off overall test. The agreement provided for a range of benefits for employees, including pay increases, improved shift penalties, and better leave provisions. The Court noted that the agreement also contained provisions that protected employees' rights and provided for mechanisms to resolve disputes. The Court was satisfied that the agreement would provide employees with better terms and conditions of employment overall. The application was approved, and the agreement was registered with the Fair Work Commission.

Calvary Health Care ACT Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established