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

[2022] FWCA 3670

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2022/4114)

Calvary Health Care and ANMF SA – Adelaide Private Hospitals – Nurses and Midwives’ Enterprise Agreement 2022

Health and welfare services
DEPUTY PRESIDENT YOUNG	MELBOURNE, 20 OCTOBER 2022

Application for approval of the Calvary Health Care and ANMF SA – Adelaide Private Hospitals – Nurses and Midwives’ Enterprise Agreement 2022

Calvary Health Care Adelaide Limited T/A Calvary Health Care Adelaide (the Employer) has made an application for approval of an enterprise agreement known as the Calvary Health Care and ANMF SA – Adelaide Private Hospitals – Nurses and Midwives’ Enterprise Agreement 2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

On the basis of the material contained in the application, the accompanying statutory declaration and the additional information provided by the Employer, 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 Australian Nursing and Midwifery Federation, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

The Agreement was approved on 20 October 2022 and, in accordance with s 54, will operate from 27 October 2022. The nominal expiry date of the Agreement is 31 December 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Calvary Health Care Adelaide Limited, trading as Calvary Health Care Adelaide, applied to the Fair Work Commission (FWC) for approval of the Calvary Health Care and Australian Nursing and Midwifery Federation (SA Branch) – Adelaide Private Hospitals – Nurses and Midwives’ Enterprise Agreement 2022. The application involved ensuring that the proposed agreement complied with the Fair Work Act 2009. The dispute centred on whether the agreement contained provisions that were compliant with the legislative framework governing enterprise agreements in Australia.

The primary legal issue before the FWC was whether the provisions of the proposed agreement were consistent with the requirements of the Fair Work Act. This included whether the agreement appropriately balanced the interests of the employees and the employer, and whether it complied with the procedural requirements for the registration of enterprise agreements. The FWC also considered whether the agreement adequately covered key terms such as pay rates, hours of work, and other conditions of employment.

The FWC reviewed the provisions of the agreement in detail, assessing them against the statutory criteria set out in the Fair Work Act. The Commission concluded that the agreement met the necessary standards for approval, including that it provided for a fair and efficient workplace, and that it did not contain any terms that would be contrary to public policy or detrimental to the employees or the employer. The FWC found that the agreement appropriately balanced the interests of both parties and complied with all relevant legal requirements. As a result, the FWC approved the agreement for registration.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established