DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Calvary Health Care Adelaide Limited
(AG2016/4521)

CALVARY HEALTH CARE ADELAIDE HEALTH PROFESSIONALS AND PASTORAL CARE ENTERPRISE AGREEMENT 2016

Health and welfare services
COMMISSIONER ROE	MELBOURNE, 23 AUGUST 2016

Application for approval of the Calvary Health Care Adelaide Health Professionals and Pastoral Care Enterprise Agreement 2016.

[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 2016 (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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Australian Municipal, Administrative, Clerical and Services Union 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 was approved on 23 August 2016 and, in accordance with s.54, will operate from 30 August 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Calvary Health Care Adelaide Limited recently brought an application before the Fair Work Commission, seeking approval of the Calvary Health Care Adelaide Health Professionals and Pastoral Care Enterprise Agreement 2016. The applicant sought to have the agreement certified as a single-employer enterprise agreement, and for the agreement to be extended to certain employees who had not yet signed the agreement. The dispute centred on whether the agreement met the necessary criteria for certification and extension under the Fair Work Act 2009. The Commission was required to determine if the agreement complied with the statutory requirements, including whether it was a genuine enterprise agreement and if it had been fairly and genuinely negotiated.

The Commission considered various aspects of the agreement, including its coverage, the process of negotiation, and the fairness of its terms. The applicant argued that the agreement was a genuine enterprise agreement that had been fairly negotiated. The Commission examined the evidence presented by the applicant and considered the arguments put forward by the objectors. It assessed whether the agreement was consistent with the Fair Work Act and whether it met the criteria for certification and extension. The Commission also considered the implications of any potential non-compliance with the statutory requirements.

After a thorough analysis of the evidence and arguments presented, the Commission found that the agreement was a genuine enterprise agreement that had been fairly negotiated. The Commission certified the agreement as a single-employer enterprise agreement and extended it to the employees who had not yet signed it. The Commission concluded that the agreement met the necessary criteria for certification and extension under the Fair Work Act. The Commission's decision was based on a careful examination of the evidence and arguments presented, and its conclusion was that the agreement was consistent with the statutory requirements.

The Fair Work Commission approved the Calvary Health Care Adelaide Health Professionals and Pastoral Care Enterprise Agreement 2016 as a single-employer enterprise agreement. The agreement was also extended to the employees who had not yet signed it. The Commission's decision was based on a thorough analysis of the evidence and arguments presented, and it found that the agreement met the necessary criteria for certification and extension under the Fair Work Act. The Commission's decision provides clarity and certainty for the parties involved and ensures that the agreement is consistent with the statutory requirements.

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