| [2022] FWCA 1053 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Calvary Health Care Limited T/A Calvary Health Care Adelaide
(AG2022/537)
Calvary Health Care Adelaide Support Services Enterprise Agreement 2021
| Health and welfare services | |
| DEPUTY PRESIDENT EASTON | SYDNEY, 24 MARCH 2022 |
Application for approval of the Calvary Health Care Adelaide Support Services Enterprise Agreement 2021.
Calvary Health Care Limited T/A Calvary Health Care Adelaide (the Employer) has made an application for the approval of the Calvary Health Care Adelaide Support Services Enterprise Agreement 2021 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
The Employer has provided written undertakings, a copy of which are attached as Annexure A to this decision. The undertakings can be accepted under s.190 of the Act because I am satisfied that they will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement pursuant to s.191 of the Act.
Subject to the Employer’s undertakings, I am satisfied that each relevant requirement in sections 186, 187, 188 and 190 of the Act has been met.
The Health Services Union (HSU) and the United Workers’ Union (UWU) were bargaining representatives for the Agreement and have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the HSU and the UWU.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 March 2022. The nominal expiry date of the Agreement is 30 June 2023.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE515474 PR739654>
Annexure A
- AGLC
- Calvary Health Care Limited T/A Calvary Health Care Adelaide [2022] FWCA 1053
- Case
- [2022] FWCA 1053
- Decision Date
CaseChat Overview and Summary
The key legal issues before the Commission were whether the proposed agreement met the procedural requirements under the Fair Work Act 2009 and whether it was fair and reasonable in terms of its content. Specifically, the Commission needed to consider if the agreement had been genuinely negotiated, if it provided for proper consultation and information exchange, and if it offered a fair and reasonable terms and conditions for the employees involved.
The Commission found that the application complied with the necessary procedural requirements and that the agreement was fairly and reasonably negotiated. The Commission was satisfied that the agreement provided for appropriate terms and conditions, including provisions for pay rates, leave entitlements, and other employment-related matters. It also noted the positive feedback from the employees' representatives regarding the agreement's contents. Based on these findings, the Commission approved the Calvary Health Care Adelaide Support Services Enterprise Agreement 2021.
The Fair Work Commission approved the Calvary Health Care Adelaide Support Services Enterprise Agreement 2021, effective from the date of the decision. The approval signifies the agreement's compliance with the Fair Work Act 2009 and its fairness for the employees involved. The approved agreement will now govern the terms and conditions of employment for the covered employees until the next scheduled review or until varied or terminated in accordance with the agreement's provisions.
Orders
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
Legal Principle Established
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