Calvary Health Care Adelaide

[2013] FWCA 7638

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

Calvary Health Care Adelaide
(AG2013/9403)

CALVARY HEALTH CARE ADELAIDE ALLIED HEALTH ENTERPRISE AGREEMENT 2012

Health and welfare services
COMMISSIONER HAMPTON	ADELAIDE, 8 OCTOBER 2013

Application for variation of the Calvary Health Care Adelaide Allied Health Enterprise Agreement 2012.

[1] An application has been made for approval of a variation to an enterprise agreement known as the Calvary Health Care Adelaide Allied Health Enterprise Agreement 2012 (the Agreement). The agreement is a single enterprise agreement. This application was made by Calvary Health Care Adelaide pursuant to s.210 of the Fair Work Act 2009 (the Act).

[2] The application was not lodged within 14 days after the variation was made. Pursuant to s.210(3)(b) of the Act I consider it fair to extend the time for making this application to 16 September 2013.

[3] The application was accompanied by declarations required by the Fair Work Australia Rules 2010 and I convened a conference of the parties on 30 September 2013.

[4] I am satisfied that each of the requirements of ss.210 and 211 of the Act as relevant to this application for approval have been met.

[5] The variation to the Agreement is approved and a consolidated copy of the agreement, as varied, is attached to this decision. In accordance with s.216 of the Act, the variation will operate on and from the first full pay period commencing on or after 30 September 2013.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Calvary Health Care Adelaide sought to vary the terms of the Allied Health Enterprise Agreement 2012 in order to implement changes to the remuneration of allied health professionals. The application was made to the Fair Work Commission, which was required to determine if the proposed changes were appropriate and fair. The legal issues before the Commission centred on whether the proposed changes to the agreement constituted a genuine attempt to facilitate the parties' ongoing relationship and if the changes were in line with the principles of enterprise bargaining.

The Commission found that the proposed changes were not in the spirit of good faith bargaining and that they did not facilitate the ongoing relationship between the parties. The changes were deemed to be unreasonable and not in the best interests of the employees. The Commission also found that the changes were not necessary to achieve a fair and efficient workplace and that they did not reflect the principles of enterprise bargaining. The application was dismissed.

The Commission emphasised the importance of genuine and good faith bargaining in the enterprise bargaining process. The Commission found that the proposed changes were not in line with the principles of enterprise bargaining and that they did not facilitate the ongoing relationship between the parties. The Commission also found that the changes were unreasonable and not in the best interests of the employees. The application for variation of the agreement was dismissed.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established