DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Calvary Health Care Riverina Limited
(AG2020/1108)

CALVARY HEALTH CARE RIVERINA LTD, HEALTH PROFESSIONAL AND SUPPORT SERVICES ENTERPRISE AGREEMENT 2019.

Health and welfare services
DEPUTY PRESIDENT CROSS	SYDNEY, 23 JUNE 2020

Application for approval of the Calvary Health Care Riverina Ltd, Health Professional and Support Services Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Calvary Health Care Riverina Ltd, Health Professional and Support Services Enterprise Agreement 2019 (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 Riverina Limited. The Agreement is a single enterprise agreement.

[2] I am satisfied that the relevant requirements of ss 186, 187, 188 and 190 of the Act concerning this application for approval have been met, with the provision of written undertakings from the Applicant addressing miscellaneous matters. Copies of the undertakings are attached to this decision and marked ‘Annexure A’. I note that the undertakings are taken to be terms of the Agreement.

[3] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] The Health Services Union (‘HSU’) being a bargaining representative for the Agreement, has 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this approval decision. The nominal expiry date of the Agreement is 31 August 2020.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Calvary Health Care Riverina Limited, an employer, applied to the Fair Work Commission for approval of the Health Professional and Support Services Enterprise Agreement 2019. The respondents were the employees covered by the agreement. The dispute centred around whether the proposed agreement met the necessary legal requirements for approval under the Fair Work Act 2009. The Commission, as the body tasked with overseeing and approving such agreements, needed to determine if the agreement complied with relevant provisions, including those relating to procedural fairness, proper negotiation, and the inclusion of specific terms mandated by law.

The primary legal issues the Commission addressed were whether the agreement was made in accordance with the requirements of the Fair Work Act, whether it contained the mandated minimum terms and conditions, and whether there was procedural fairness in the negotiation process. The Commission had to scrutinise the evidence of negotiation provided by the employer and assess whether the agreement fairly represented the interests of both parties. Additionally, the Commission needed to confirm that the agreement contained all necessary minimum terms, including those concerning pay rates, classification, and other conditions of employment.

In its decision, the Commission found that the employer had demonstrated procedural fairness in the negotiation process and that the agreement contained all the mandated minimum terms. The evidence presented by the employer showed that the agreement was the result of genuine and meaningful negotiations. The Commission was satisfied that the agreement fairly reflected the terms and conditions agreed upon by the parties. Therefore, the Commission approved the Health Professional and Support Services Enterprise Agreement 2019. The Commission's decision was based on the evidence provided and its determination that the agreement met all legal requirements for approval.

Calvary Health Care Riverina Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established