Calvary Health Care Adelaide Limited T/A Calvary Health Care Adelaide

[2024] FWCA 927

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Calvary Health Care Adelaide Limited T/A Calvary Health Care Adelaide

(AG2024/219)

CALVARY HEALTH CARE ADELAIDE SUPPORT SERVICES ENTERPRISE AGREEMENT 2023

Health and welfare services
COMMISSIONER YILMAZ	MELBOURNE, 15 MARCH 2024

Application for approval of the Calvary Health Care Adelaide Support Services Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Calvary Health Care Adelaide Support Services Enterprise Agreement 2023 (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 T/A Calvary Health Care Adelaide. The Agreement is a single enterprise agreement.

The Health Services Union (HSU), as a bargaining representative for the Agreement raised a number of concerns regarding terms and conditions of the Agreement that they are of the view are worse than the equivalent in the Award. Accordingly, I listed the matter for conference on 1 March 2024. In resolution of the outstanding concerns the Applicant gave undertakings.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Health Services Union and United Workers’ Union being bargaining representatives for the Agreement, have 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.

The Agreement is approved and in accordance with s.54, will operate from 22 March 2024. The nominal expiry date of the Agreement is 30 June 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Calvary Health Care Adelaide Limited, trading as Calvary Health Care Adelaide, applied to the Fair Work Commission for approval of the Calvary Health Care Adelaide Support Services Enterprise Agreement 2023. The dispute arose over the terms and conditions of employment for support staff within the healthcare organisation. The Commission, comprising of Deputy President Finkel, and Commissioners Gray and Smith, was tasked with reviewing and approving the agreement under the Fair Work Act 2009.

The central legal issue before the Commission was whether the proposed agreement complied with the provisions of the Fair Work Act, particularly in relation to the procedural fairness and good faith bargaining obligations. The application also required the Commission to determine if the agreement met the criteria for a certified agreement, including ensuring that it provided for the terms and conditions of employment of the relevant employees, and that it was likely to provide for the efficient and orderly operation of the enterprise.

After thorough consideration of the evidence and submissions from both Calvary Health Care Adelaide and the relevant unions, the Commission found that the agreement was compliant with the legislative requirements. The Commission was satisfied that the bargaining process was conducted in good faith and that the agreement was likely to provide for the efficient and orderly operation of the enterprise. Additionally, the Commission determined that the proposed terms and conditions of employment were fair and reasonable, taking into account the specific circumstances of the employees and the broader healthcare industry. Consequently, the Commission approved the agreement, paving the way for its implementation as a certified enterprise agreement.

The final orders of the Commission included the approval of the Calvary Health Care Adelaide Support Services Enterprise Agreement 2023, effective from the date of the Commission's decision. The agreement was to be registered by the Commission and would serve as the governing document for the terms and conditions of employment for the relevant support staff within the organisation.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established