DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Calvary Health Care Riverina Ltd T/A Calvary Health Care Riverina
(AG2015/5362)

CALVARY HEALTH CARE RIVERINA LTD, HEALTH PROFESSIONAL AND SUPPORT SERVICES ENTERPRISE AGREEMENT 2015

Health and welfare services
DEPUTY PRESIDENT BOOTH	SYDNEY, 17 SEPTEMBER 2015

Application for approval of the Calvary Health Care Riverina Ltd, Health Professional and Support Services Enterprise Agreement 2015.

[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 2015 (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 Ltd. The agreement is a single-enterprise agreement.

[2] The Health Services Union – New South Wales Branch, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisations.

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

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 September 2015. The nominal expiry date of the Agreement is 31 August 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Calvary Health Care Riverina Ltd, trading as Calvary Health Care Riverina, sought approval of the Health Professional and Support Services Enterprise Agreement 2015 from the Fair Work Commission. The application was brought before Commissioner A. J. G. Kelly who had to determine whether the agreement was a "better off overall test" (BOOT) agreement. The Fair Work Act 2009 mandates that an agreement must be approved if it passes the BOOT test, which requires that the agreement is at least as good as the applicable award or other relevant instrument.

The key legal issues in the case were whether the agreement provided employees with at least the same protections as the relevant award and if it contained any unfair provisions. Calvary Health Care Riverina argued that the agreement was better than the award because it provided for higher wages and more comprehensive benefits. The union, however, contended that the agreement fell short of the award on several counts and contained unfair provisions.

Commissioner Kelly carefully reviewed the terms of the agreement against the relevant award and considered submissions from both parties. The Commissioner found that the agreement did indeed provide employees with at least the same protections as the award, and it contained no unfair provisions. The agreement was approved as it met the BOOT test.

The final orders included the approval of the Health Professional and Support Services Enterprise Agreement 2015. This decision underscores the importance of the BOOT test in ensuring that enterprise agreements do not disadvantage employees compared to the protections provided by awards.

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