Calvary Health Care Adelaide Limited

[2020] FWCA 3421

[2020] FWCA 3421

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Calvary Health Care Adelaide Limited
(AG2020/1607)

CALVARY HEALTH CARE ADELAIDE HEALTH PROFESSIONALS AND PASTORAL CARE ENTERPRISE AGREEMENT 2019

Health and welfare services
COMMISSIONER PLATT	ADELAIDE, 30 JUNE 2020

Application for approval of the Calvary Health Care Adelaide Health Professionals and Pastoral Care Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Calvary Health Care Adelaide Health Professionals and Pastoral Care Enterprise Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Calvary Health Care Adelaide Limited (the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 19 June 2020.

[3] On 23 June 2020, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 26 June 2020. The undertaking deals with the following topics:

•  In Clause 35(g) (Termination of Employment) the term “summary dismissal” is replaced with the term “serious misconduct”.

•  Clause 29(f)(i)(1) (Personal/Carers Leave) now reads as follows:

“Should an Employee be absent from work on account of illness or injury it will be necessary for such Employee to notify the Employer or agent authorised on their behalf that such absence is due to illness or injury before the ordinary commencing time of work, or as soon as practicable (which may be at a time after the leave has started).”

•  Clause 17 (Casual Employment) is amended to include Sub-Clause 17(f):

“(f) A casual employee who works shift work in accordance with Clause 21(a) will be paid a 40% penalty calculated on the ordinary rate of pay but will not be paid the casual loading of 25%.”

[5] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives did not express any view on the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] The Australian Municipal, Administrative, Clerical and Services Union and the Health Services Union of Australia both being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers these organisations.

[8] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 30 June 2021.

COMMISSIONER

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