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

[2024] FWCA 927

[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

1. 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.

1. 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.

1. 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.

1. 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.

1. 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.

1. 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

<AE523834  PR772371>

Annexure A