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

[2018] FWCA 7133

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2018/3308)

Calvary Health Care Riverina Ltd and the NSWNMA, ANMF NSW Branch, Nurses and Midwives, Enterprise Agreement 2018

Health and welfare services
Deputy President Masson	MELBOURNE, 5 DECEMBER 2018

Application for approval of the Calvary Health Care Riverina Ltd and the NSWNMA, ANMF NSW Branch, Nurses and Midwives, Enterprise Agreement 2018

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 2018 (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 T/A Calvary Health Care Riverina. The Agreement is a single enterprise agreement.

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.

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.

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) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 December 2018. The nominal expiry date of the Agreement is 31 December 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Calvary Health Care Riverina Limited, trading as Calvary Health Care Riverina, and the New South Wales Nurses and Midwives Association, ANMF NSW Branch, applied to the Fair Work Commission for approval of their Enterprise Agreement 2018. The application was made under section 233 of the Fair Work Act 2009. The dispute concerned the terms and conditions of employment for nurses and midwives at the health care facility. The Fair Work Commission had to determine whether the agreement met the requirements for direct approval under the Act.

The central legal issues were whether the Enterprise Agreement complied with the statutory prerequisites for direct approval, including the provision of adequate pay and conditions, and whether it met the good faith bargaining requirement. The Commission had to consider if the agreement was made in good faith, if it provided for the resolution of disputes and contained adequate provisions for the protection of employees. Furthermore, the Commission needed to ensure that the agreement was not detrimental to the employees.

The Fair Work Commission found that the Enterprise Agreement satisfied all the statutory requirements for direct approval. It provided for fair and reasonable terms and conditions, included mechanisms for the resolution of disputes, and protected the interests of the employees. The Commission confirmed that the agreement was made in good faith and was not detrimental to the employees. Consequently, the Commission approved the agreement under section 233 of the Fair Work Act 2009.

The final orders of the Fair Work Commission were that the Enterprise Agreement 2018 between Calvary Health Care Riverina Limited and the New South Wales Nurses and Midwives Association, ANMF NSW Branch, be directly approved. The agreement was deemed to be in compliance with the necessary statutory requirements and was approved effective from the date of the decision.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established