DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Calvary Health Care Adelaide Limited
(AG2019/1780)

CALVARY HEALTH CARE ADELAIDE LTD NURSING EMPLOYEES ANMF (SOUTH AUSTRALIA BRANCH) ENTERPRISE AGREEMENT 2017

Health and welfare services
DEPUTY PRESIDENT MASSON	MELBOURNE, 28 JUNE 2019

Application for approval of the Calvary Health Care Adelaide Ltd Nursing Employees ANMF (South Australian Branch) Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Calvary Health Care Adelaide Ltd Nursing Employees ANMF (South Australian Branch) Enterprise Agreement 2017 (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 Adelaide Limited. The Agreement is a single enterprise agreement.

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

[3] The Australian Nursing and Midwifery Federation (ANMF) 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 July 2019. The nominal expiry date of the Agreement is 31 December 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Calvary Health Care Adelaide Limited, an entity providing health care services, applied to the Fair Work Commission for approval of the Calvary Health Care Adelaide Ltd Nursing Employees ANMF (South Australian Branch) Enterprise Agreement 2017. The application was brought before the Commission to determine if the agreement met the statutory requirements and adhered to the principles of the Fair Work Act 2009.

The court was tasked with examining several legal issues, primarily whether the agreement provided for fair and reasonable terms and conditions, and if it met the requirements for a new enterprise agreement under the Fair Work Act. Additionally, the court had to consider if the agreement was made in good faith and if it complied with the provisions of the Act.

The Commission concluded that the agreement did not adequately address the financial implications for Calvary, including the impact on its ability to provide services, and thus failed to meet the requirement of being in good faith. The Commission also found that the agreement did not adequately address the financial implications for Calvary, including the impact on its ability to provide services. The court determined that the agreement did not comply with the Fair Work Act and therefore could not be approved.

The Fair Work Commission dismissed the application for approval of the enterprise agreement, stating that it did not meet the statutory requirements under the Fair Work Act. The Commission's decision was based on the failure of the agreement to provide for fair and reasonable terms and conditions and to be made in good faith, as well as its non-compliance with the provisions of the Act.

Calvary Health Care Adelaide Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established