Calvary Health Care Adelaide Limited

[2023] FWC 3190

[2023] FWC 3190

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Calvary Health Care Adelaide Limited

(AG2023/4252)

CALVARY HEALTH CARE – ADELAIDE PRIVATE HOSPITALS – HEALTH PROFESSIONALS AND PASTORAL CARE ENTERPRISE AGREEMENT 2023

Health and welfare services
COMMISSIONER PLATT	ADELAIDE, 13 DECEMBER 2023

Application for approval of the Calvary Health Care - Adelaide Private Hospitals - Health Professionals and Pastoral Care Enterprise Agreement 2023

1. An application has been made for approval of an enterprise agreement known as the Calvary Health Care - Adelaide Private Hospitals - Health Professionals and Pastoral Care Enterprise Agreement 2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Calvary Health Care Adelaide Limited (the Applicant). The agreement is a single enterprise agreement.

1. The matter was allocated to my Chambers on 20 November 2023.

1. On 22 November 2023, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

1. There were a number of emails concerning the outstanding issues and the proposed undertakings. Despite this, I had concerns about whether the BOOT test had been met with respect to Part Time employees.

1. On 12 December 2023, I conducted a Hearing in order to the determine the outstanding issues. The Applicant was invited to provide supplementary submissions and undertakings following the Hearing.

1. The Applicant has submitted an undertaking in the required form dated 12 December 2023, a copy of which is attached to the Agreement. The undertakings ensure that the BOOT test is met and modify the operation of Clauses 10, 27(e)(f)(g), Appendix 1 and Schedule 1 of the Agreement.

1. A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives did not express any view on the undertaking.

1. The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

1. The Australian Municipal, Administrative, Clerical and Services Union and Health Services Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers these organisations.

1. I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 30 June 2025.

COMMISSIONER

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