DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Calvary Health Care Adelaide Limited T/A Calvary Health Care Adelaide
(AG2018/371)

CALVARY HEALTH CARE ADELAIDE SUPPORT SERVICES ENTERPRISE AGREEMENT 2017

Health and welfare services
COMMISSIONER JOHNS	MELBOURNE, 3 MAY 2018

Application for approval of the Calvary Health Care Adelaide Support Services Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Calvary Health Care Adelaide Support Services 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 T/A Calvary Health Care Adelaide. 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 Health Services Union of Australia and United Voice being bargaining representatives for the Agreement, have given notice under s.183 of the Act that it wants the Agreement to cover them. 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 10 May 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

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 for the approval of the Calvary Health Care Adelaide Support Services Enterprise Agreement 2017. The dispute arose in the context of industrial relations, specifically focusing on the terms and conditions of employment for support services staff within the organisation.

The primary legal issue before the Commission was whether the provisions of the agreement were compliant with the Fair Work Act 2009 and its associated regulations. The Commission needed to determine if the agreement met the criteria for certification, including its compliance with minimum terms and conditions, procedural fairness in its negotiation, and the absence of any illegal or unfair provisions.

The Commission carefully reviewed the agreement, considering various factors such as the bargaining process, the fairness of the terms, and the impact on the employees. It concluded that the agreement was appropriately negotiated and contained no illegal or unfair provisions. The Commission also found that the agreement provided for fair and reasonable terms and conditions of employment, meeting the statutory requirements for certification. Therefore, the application for approval was successful, and the agreement was certified as a registered enterprise agreement.

The final order was that the Calvary Health Care Adelaide Support Services Enterprise Agreement 2017 be approved and registered as a registered enterprise agreement, effective from the date of the decision. This registration ensures that the terms of the agreement govern the employment conditions of the relevant staff, providing a clear and legally binding framework for their work within the organisation.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established