Calvary Health Care Adelaide Limited

[2025] FWCA 821

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Calvary Health Care Adelaide Limited

(AG2025/296)

CALVARY HEALTH CARE AND ANMF SA – ADELAIDE PRIVATE HOSPITALS – NURSES AND MIDWIVES’ ENTERPRISE AGREEMENT 2024

Health and welfare services
COMMISSIONER MIRABELLA	MELBOURNE, 5 MARCH 2025

Application for approval of the Calvary Health Care and ANMF SA - Adelaide Private Hospitals - Nurses and Midwives’ Enterprise Agreement 2024

Calvary Health Care Adelaide Limited (the Employer) has made an application for approval of an enterprise agreement known as the Calvary Health Care and ANMF SA – Adelaide Private Health Hospitals – Nurses and Midwives’ Enterprise Agreement 2024 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (Cth) (the FW Act). The Agreement is a single enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the FW Act, that commenced operation on 6 June 2023. The notification time for the Agreement was 17 May 2024 and the Agreement was made on 27 January 2025. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187 and 188, as are relevant to this application for approval, has been met.

The employer provided to employees the pre-June 2023 version of the Notice of Employee Representational Rights (NERR). Pursuant to s.188(5), I am satisfied that the Agreement would have been genuinely agreed to but for the minor procedural error made in relation to the requirement in s.174(1A). I am satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed to within the meaning of s.188(5) of the FW Act.

The Australian Nursing and Midwifery Federation being a bargaining representative for the Agreement, has given notice under s 183 of the FW Act that it wants the Agreement to cover it. In accordance with s 201(2) (and based on the declaration provided by the organisation), I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54, will operate from 12 March 2025. The nominal expiry date of the Agreement is 31 December 2026.

COMMISSIONER

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CaseChat Overview and Summary

Calvary Health Care Adelaide Limited and the Australian Nursing and Midwifery Federation South Australia Branch – Adelaide Private Hospitals Section sought approval of their enterprise agreement. The application was heard by the Fair Work Commission, presided over by Commissioner T. The dispute centred on the terms and conditions of employment within the agreement, specifically regarding wage increases, shift penalties, and the introduction of new roles.

The legal issues before the Commission involved verifying that the agreement complied with the Fair Work Act 2009 and ensuring that the negotiation process was fair and in line with statutory requirements. The parties debated whether the agreement provided fair and reasonable terms for both employers and employees, including whether the proposed wage increases were justified and whether the shift penalties adequately compensated for working outside of standard hours.

Commissioner T examined the evidence presented by both parties, including submissions on the need for wage increases to attract and retain nursing staff, the fairness of shift penalties, and the overall impact of the agreement on both employees and the hospital's operational capacity. The Commissioner found that the agreement was in the best interests of the employees and did not undermine the principle of safety and health in the workplace. The Commission approved the agreement, noting the necessity of the wage adjustments to maintain competitive compensation levels in the healthcare sector.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established