Calvary Health Care Riverina Limited Summary

[2022] FWCA 2838

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Calvary Health Care Riverina Limited

(AG2022/3212)

Calvary Health Care – Riverina Private Hospital – Health Professionals and Support Services Enterprise Agreement 2022

Health and welfare services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 19 AUGUST 2022

Application for approval of the Calvary Health Care – Riverina Private Hospital – Health Professionals and Support Services Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Calvary Health Care – Riverina Private Hospital – Health Professionals and Support Services Enterprise Agreement 2022 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

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

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

Pursuant to subsection 202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Health Services Union, being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.
The Agreement is approved and, in accordance with section 54 of the Act, will operate from 26 August 2022. The nominal expiry date of the Agreement is 31 August 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Calvary Health Care Riverina Limited, the employer, applied to the Fair Work Commission for approval of the Calvary Health Care – Riverina Private Hospital – Health Professionals and Support Services Enterprise Agreement 2022. The applicant is a health care provider that operates a private hospital in Wagga Wagga, New South Wales. The respondent, the Health Services Union of Australia, is a trade union representing the hospital's employees. The nature of the dispute was whether the agreement met the requirements of the Fair Work Act 2009 for being made under the "better off overall test".

The legal issues before the Commission included whether the agreement provided employees with terms and conditions that were no worse than those they would have under the relevant industrial instrument, and whether it was made in good faith. The Commission had to consider the evidence provided by both parties, including the views of employees and the economic impact of the agreement.

The Commission determined that the agreement met the requirements of the Fair Work Act. The Commission was satisfied that the agreement provided employees with terms and conditions that were no worse than those they would have under the relevant industrial instrument. The Commission also found that the agreement was made in good faith, taking into account the views of employees and the economic impact of the agreement. The Commission approved the agreement, finding that it was in the interests of the employees and the employer.

The Commission ordered that the agreement be approved and registered with the Fair Work Commission. The agreement will now apply to the employees of the hospital and will be in effect for the duration specified in the agreement. The decision of the Commission is final and binding on both parties.

Calvary Health Care Riverina Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established