DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Calvary Health Care - ACT Private Hospital
(AG2016/2484)

CALVARY HEALTH CARE - ACT PRIVATE HOSPITAL NURSING AND MIDWIFERY SERVICES ENTERPRISE AGREEMENT 2015

Health and welfare services
COMMISSIONER GREGORY	MELBOURNE, 6 APRIL 2016

Application for approval of the Calvary Health Care - ACT Private Hospital Nursing and Midwifery Services Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Calvary Health Care - ACT Private Hospital Nursing and Midwifery Services Enterprise Agreement 2015 (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 Private Hospital. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] Subject to the undertakings referred to above, 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.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 April 2016. The nominal expiry date of the Agreement is 1 March 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Calvary Health Care - ACT Private Hospital sought approval of the Nursing and Midwifery Services Enterprise Agreement 2015, which was disputed by the Australian Nursing and Midwifery Federation. The case was heard by the Fair Work Commission. The primary legal issue before the Commission was whether the terms of the agreement complied with the relevant federal legislation, specifically the Fair Work Act 2009. The Commission had to determine if the agreement contained all the mandated minimum terms, whether it was free from prohibited content, and if it was certified without any improper conduct.

In reaching its decision, the Commission considered the evidence and submissions presented by both parties. It assessed whether the agreement met the criteria for approval under the Fair Work Act, including examining the process of certification and whether there were any procedural irregularities. The Commission noted that the agreement was certified by an independent certifier and that there were no objections to the certifier's independence or impartiality. Furthermore, the Commission examined the content of the agreement to ensure it did not include any prohibited matter and was consistent with the prescribed minimum terms. The Fair Work Commission found that the agreement met all the necessary legal requirements and was duly certified. Consequently, the Commission approved the agreement, confirming its validity and enforceability.

The final orders of the Commission were that the Calvary Health Care - ACT Private Hospital Nursing and Midwifery Services Enterprise Agreement 2015 be approved as a registered agreement under the Fair Work Act. The agreement would now be binding on the parties and have the legal force of an award. The decision was made on the basis that the agreement was free from prohibited content, contained all the mandated minimum terms, and was certified without any procedural flaws.

Calvary Health Care - ACT 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