DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Calvary Health Care ACT Limited T/A Calvary Bruce Private Hospital
(AG2020/1196)

CALVARY PRIVATE HOSPITAL BRUCE NURSING AND MIDWIFERY SERVICES ENTERPRISE AGREEMENT 2019

Health and welfare services
COMMISSIONER YILMAZ	MELBOURNE, 1 JUNE 2020

Application for approval of the Calvary Private Hospital Bruce Nursing and Midwifery Services Enterprise Agreement 2019.

[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 2019 (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 T/A Calvary Bruce Private Hospital. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] 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.

[6] The Agreement is approved and in accordance with s.54, will operate from 8 June 2020. The nominal expiry date of the Agreement is 1 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Calvary Health Care ACT Limited T/A Calvary Bruce Private Hospital applied for approval of the Calvary Private Hospital Bruce Nursing and Midwifery Services Enterprise Agreement 2019, which was entered into with the Australian Nursing and Midwifery Federation (ACT Branch). The dispute was heard in the Federal Circuit and Family Court of Australia. The application was made under section 234 of the Fair Work Act 2009, seeking that the agreement be approved as a registered agreement, thereby making it legally enforceable. The application hinged on whether the agreement satisfied the legal requirements for approval under the Act, including whether the agreement had been made in good faith and whether it complied with the provisions relating to employee representation.

The court had to determine whether the agreement met the criteria for approval, including whether it contained all the prescribed minimum terms and conditions, and whether the agreement was made in good faith. Additionally, the court needed to consider whether the agreement complied with the process requirements for employee representation, specifically whether the agreement was made following a genuine process of representation. The court examined the processes followed in the negotiation and execution of the agreement, and the evidence presented by the parties regarding the process and content of the agreement.

The court found that the agreement was made in good faith and satisfied the legal requirements for approval. The agreement contained all the prescribed minimum terms and conditions and had been made following a genuine process of employee representation. The court approved the agreement, making it a registered agreement under the Fair Work Act 2009. The court's decision was based on the evidence presented by the parties, including the processes followed in the negotiation and execution of the agreement, and the content of the agreement itself. The approval of the agreement meant that it was legally enforceable and binding on the parties.

The court ordered that the Calvary Private Hospital Bruce Nursing and Midwifery Services Enterprise Agreement 2019 be approved as a registered agreement. The decision effectively made the agreement legally binding on the employer and the employees covered by the agreement. The approval of the agreement provided certainty and stability for the employees and the employer, and ensured that the terms and conditions of employment were clear and enforceable.

Calvary Health Care ACT Limited T/A Calvary Bruce Private Hospital

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established