DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Calvary Health Care Riverina Ltd T/A Calvary Health Care Riverina
(AG2015/7687)

CALVARY HEALTH CARE RIVERINA LTD AND THE NSWNMA/ANF - NSW BRANCH, NURSES AND MIDWIVES, ENTERPRISE AGREEMENT 2015

Health and welfare services
COMMISSIONER JOHNS	MELBOURNE, 10 FEBRUARY 2016

Application for approval of the Calvary Health Care Riverina Ltd and the NSWNMA/ANF - NSW Branch, Nurses and Midwives, Enterprise Agreement 2015.

[1] On 15 December 2015 Calvary Health Care Riverina Ltd T/A Calvary Health Care Riverina (Applicant) made an application for approval of the Calvary Health Care Riverina Ltd and the NSWNMA/ANF – NSW Branch, Nurses and Midwives, Enterprise Agreement 2015 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Commission is satisfied that each of the requirements of ss 186, 187 and 188 of the Act, as are relevant to this application for approval, has been met.

[4] The Australian Nursing and Midwifery Federation, 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), the Commission notes that the Agreement covers this organisation.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 17 February 2016. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Calvary Health Care Riverina Ltd T/A Calvary Health Care Riverina sought approval for their 2015 enterprise agreement with the NSW Nurses and Midwives Association. The matter was heard in the Fair Work Commission. The primary issue was whether the agreement met the requirements under the Fair Work Act 2009, including whether it provided for fair and reasonable terms and conditions of employment and whether it was free from any unfair provisions.

The Commission examined the agreement clause by clause to determine if it adhered to the provisions of the Fair Work Act. It considered whether the terms were fair and reasonable, taking into account factors such as the parties' bargaining positions, the nature of the employment, and the overall fairness of the terms. The Commission also assessed whether any provisions were unfair, focusing on their potential to undermine the ability of employees to exercise their rights under the Act.

Upon reviewing the agreement, the Commission found that the terms were fair and reasonable, reflecting an appropriate balance between the interests of the employer and the employees. The agreement was considered to be free from any unfair provisions, as none of the clauses were deemed to undermine the employees' rights. The Commission approved the enterprise agreement, recognising that it met the statutory requirements and provided for fair terms and conditions of employment.

The Commission ordered the approval of the Calvary Health Care Riverina Ltd and the NSWNMA/ANF - NSW Branch, Nurses and Midwives, Enterprise Agreement 2015, effective from the date of the decision.

Calvary Health Care Riverina Ltd T/A Calvary Health Care Riverina

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established