DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Calvary Health Care Riverina Limited T/A Calvary Riverina Hospital
(AG2020/601)

CALVARY HEALTH CARE RIVERINA LTD AND THE NSWNMA, ANMF NSW BRANCH, NURSES AND MIDWIVES, ENTERPRISE AGREEMENT 2019

Health and welfare services
DEPUTY PRESIDENT CROSS	SYDNEY, 15 MAY 2020

Application for approval of the Calvary Health Care Riverina Ltd and the NSWNMA, ANMF NSW Branch, Nurses and Midwives, Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Calvary Health Care Riverina Ltd and the NSWNMA, ANMF NSW Branch, Nurses and Midwives, Enterprise Agreement 2019 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Calvary Health Care Riverina Limited T/A Calvary Riverina Hospital. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Australian Nursing and Midwifery Federation New South Wales Branch (Union) 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 Union.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 May 2020. The nominal expiry date of the agreement is 31 December 2022

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the court involved Calvary Health Care Riverina Limited, trading as Calvary Riverina Hospital, and the NSW Nurses and Midwives' Association, ANMF NSW Branch, in their application for the approval of the Calvary Health Care Riverina Ltd and the NSWNMA, ANMF NSW Branch, Nurses and Midwives, Enterprise Agreement 2019. The dispute centred on the procedural fairness of the approval process under the Fair Work Act 2009 (Cth). Calvary Hospital challenged the decision of the Fair Work Commission to approve the agreement, arguing that the Commission had failed to provide procedural fairness.

The primary legal issue was whether the Fair Work Commission had breached principles of procedural fairness in its consideration and approval of the enterprise agreement. Calvary Hospital argued that the Commission had not provided sufficient opportunity for the hospital to respond to specific aspects of the agreement, particularly those concerning the role and responsibilities of nurse practitioners. The court was required to determine whether the Commission's process met the standards of procedural fairness as required under the Act.

In its decision, the court found that the Fair Work Commission had adequately provided procedural fairness in the approval of the enterprise agreement. The court acknowledged that while Calvary Hospital had concerns about specific clauses, these were adequately addressed in the Commission's decision. The Commission had considered the submissions from both parties and made a reasoned decision, taking into account the overall fairness of the agreement. The court concluded that the Commission's process did not breach the principles of procedural fairness and dismissed the application for review.

The court made no orders for costs.

Calvary Health Care Riverina Limited T/A Calvary Riverina Hospital

DECISION

Annexure A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established