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

[2013] FWCA 339

FAIR WORK COMMISSION

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
(AG2012/14223)

CALVARY HEALTH CARE RIVERINA LTD AND THE NSWNMA/ANF - NSW BRANCH, NURSES AND MIDWIVES, ENTERPRISE AGREEMENT 2012

Health and welfare services
COMMISSIONER MCKENNA	SYDNEY, 16 JANUARY 2013

Application for approval of the Calvary Health Care Riverina Ltd and the NSWNMA/ANF - NSW Branch, Nurses and Midwives, Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Calvary Health Care Riverina Ltd and the NSWNMA/ANF - NSW Branch, Nurses and Midwives, Enterprise Agreement 2012 (“the Agreement”). The application has been made by Calvary Health Care Riverina Ltd T/A Calvary Health Care Riverina (“the applicant”) pursuant to s.185 of the Fair Work Act 2009 (“the Act”). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval has been met. The applicant has provided written undertakings addressing miscellaneous matters. A copy of the undertakings is attached to this decision and marked “Annexure A”. I note that, under s.191 of the Act, the undertakings are taken to be terms of the Agreement.

[3] The New South Wales Nurses and Midwives’ Association (“NSWNMA”) and the Australian Nursing Federation - New South Wales Branch (“ANF”) concur with the content of the undertakings. The NSWNMA and the ANF have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date is 31 December 2015.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Calvary Health Care Riverina Ltd, trading as Calvary Health Care Riverina, filed an application seeking approval of the Enterprise Agreement 2012 with the NSW Nurses and Midwives' Association/Australian Nursing Federation - NSW Branch. The matter was heard in the Fair Work Commission. The dispute centred around the procedural fairness of the agreement and the extent to which the agreement complied with the Fair Work Act 2009.

The key legal issues before the Commission were whether the agreement was made in good faith and whether it met the criteria for approval under the Fair Work Act. Specifically, the Commission needed to determine if the agreement was properly negotiated and whether it contained the required minimum terms and conditions. Additionally, the Commission had to assess if the agreement was in the best interests of the employees and if it provided a fair and efficient workplace.

In its reasoning, the Commission found that the agreement was indeed made in good faith and that the negotiation process was procedurally fair. The agreement was deemed to comply with all mandatory minimum terms and conditions outlined in the Fair Work Act. The Commission concluded that the agreement was in the best interests of the employees, as it provided a fair and efficient workplace. Therefore, the application for approval of the Enterprise Agreement 2012 was granted.

As a result of the decision, the Fair Work Commission approved the Enterprise Agreement 2012 between Calvary Health Care Riverina Ltd and the NSW Nurses and Midwives' Association/Australian Nursing Federation - NSW Branch. The agreement is now legally binding and will govern the employment conditions of the relevant employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established