DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Calvary Health Care ACT Limited
(AG2017/2480)

CALVARY BRUCE PRIVATE HOSPITAL HEALTH PROFESSIONALS AND SUPPORT SERVICES ENTERPRISE AGREEMENT 2017

Australian Capital Territory
COMMISSIONER SAUNDERS	MELBOURNE, 16 AUGUST 2017

Application for approval of the Calvary Bruce Private Hospital Health Professionals and Support Services Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Calvary Bruce Private Hospital Health Professionals and Support 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 Health Services Union of Australia 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 23 August 2017. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Calvary Health Care ACT Limited was the subject of an application for the approval of the Calvary Bruce Private Hospital Health Professionals and Support Services Enterprise Agreement 2017. The applicant sought approval of the agreement under the Fair Work Act 2009. The matter was heard in the Fair Work Commission.

The primary legal issue before the Commission was whether the agreement met the requirements for approval under the Act. This included assessing whether the agreement provided for fair and reasonable terms and conditions of employment and whether it was free from any illegality or unfairness. The Commission also had to determine whether the agreement was appropriate for the context of the hospital's operations and the needs of the employees covered by the agreement.

The Commission found that the agreement was appropriate and met the statutory requirements for approval. It was noted that the agreement had been negotiated in good faith and covered a range of employment terms and conditions, including wages, hours of work, and other matters. The Commission also found that the agreement was fair and reasonable, taking into account the specific circumstances of the hospital and the employees covered by the agreement. The Commission concluded that the agreement was appropriate for the context of the hospital's operations and the needs of the employees, and approved the agreement.

The Commission made an order approving the Calvary Bruce Private Hospital Health Professionals and Support Services Enterprise Agreement 2017. The agreement was approved as a registered agreement under the Fair Work Act 2009 and is to be in effect from the date of the Commission's decision. The approval of the agreement means that it will now form the basis of employment terms and conditions for the employees covered by the agreement.

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