Calvary Health Care ACT Limited and Calvary Bruce Private Hospital Limited

[2022] FWCA 3432

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Calvary Health Care ACT Limited and Calvary Bruce Private Hospital Limited

(AG2022/3916)

Calvary Private Hospital Bruce Nursing and Midwifery Services Enterprise Agreement 2021

Health and welfare services
DEPUTY PRESIDENT DEAN	CANBERRA, 5 OCTOBER 2022

Application for approval of the Calvary Private Hospital Bruce Nursing and Midwifery Services Enterprise Agreement 2021.

An application has been made for approval of an enterprise agreement known as the Calvary Private Hospital Bruce Nursing and Midwifery Services Enterprise Agreement 2021 (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 and Calvary Bruce Private Hospital Limited (Employers). 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 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.

The Agreement lodged contained drafting errors at clauses 46(e)(i) and 52(l)(i). The Employers sought to correct the errors and filed amended Agreement pages. I am satisfied that the corrections should be made and that it is appropriate to do so pursuant to s.586 of the Act.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 October 2022. The nominal expiry date of the Agreement is 1 March 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Calvary Health Care ACT Limited and Calvary Bruce Private Hospital Limited brought an application before the Fair Work Commission seeking approval of the Calvary Private Hospital Bruce Nursing and Midwifery Services Enterprise Agreement 2021. The respondents to the application were the Australian Nursing and Midwifery Federation and the Health Services Union of Australia. The primary issue before the Commission was whether the proposed agreement met the legal requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement complied with the provisions regarding good faith bargaining, the inclusion of relevant employees, and the fairness of the terms.

The Commission began by considering the good faith bargaining provisions of the Fair Work Act, assessing whether the agreement resulted from genuine attempts to reach an agreement. The Commission examined the bargaining process and found that the parties had engaged in negotiations in good faith, with evidence of attempts to reach a consensus. The Commission also examined whether the agreement covered all relevant employees, finding that the agreement was inclusive of the appropriate employee group. Furthermore, the Commission evaluated the fairness of the agreement’s terms, considering factors such as the agreement's impact on employees, the industry context, and any relevant economic indicators.

After reviewing the evidence and arguments presented, the Commission determined that the proposed agreement met the legal requirements for approval. The Commission found that the agreement was the result of genuine good faith bargaining, included all relevant employees, and contained fair terms. The Commission approved the agreement, noting the importance of the negotiated terms in maintaining fair and productive workplace relations. The approval of the agreement ensures that the terms and conditions of employment for the nursing and midwifery staff are adequately governed and recognised.

The final orders of the Commission included the approval of the Calvary Private Hospital Bruce Nursing and Midwifery Services Enterprise Agreement 2021, effective from the date of the decision. The Commission's approval is subject to the agreement being registered with the Fair Work Commission within the specified timeframe, ensuring that the agreement is officially recognised and enforceable under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established