DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Calvary Health Care Tasmania Limited
(AG2021/5215)

CALVARY HEALTH CARE TASMANIA NURSING STAFF ENTERPRISE AGREEMENT 2020

Health and welfare services
COMMISSIONER LEE	MELBOURNE, 1 JUNE 2021

Application for approval of the Calvary Health Care Tasmania Nursing Staff Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Calvary Health Care Tasmania Nursing Staff Enterprise Agreement 2020 (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 Tasmania Limited. The Agreement is a single enterprise agreement.

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

[3] The Health Services Union of Australia and the Australian Nursing and Midwifery Federation, being bargaining representatives for the Agreement, have each 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 organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 June 2021. The nominal expiry date of the Agreement is 1 July 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Calvary Health Care Tasmania Limited applied for the approval of the Calvary Health Care Tasmania Nursing Staff Enterprise Agreement 2020. The Fair Work Commission (FWC) was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009 (FW Act). The FWC's decision was based on the agreement's compliance with the procedural and substantive requirements of the FW Act, particularly focusing on whether the agreement was fairly negotiated and whether it contained the necessary minimum terms and conditions.

The legal issues before the FWC included whether the agreement was made in accordance with the procedures outlined in the FW Act, whether the agreement contained the minimum entitlements required by the Act, and whether the agreement was free from prohibited content. The FWC had to consider whether there was genuine negotiation between the parties, the extent of the parties' bargaining power, and whether the agreement included all the necessary minimum terms. Additionally, the FWC needed to ensure that the agreement did not contain any provisions that were contrary to the public interest or that contravened any other provisions of the FW Act.

After reviewing the evidence and submissions, the FWC determined that the agreement was fairly negotiated and contained all the necessary minimum terms and conditions. The FWC found that the process followed by the parties complied with the requirements of the FW Act, and that the agreement was free from prohibited content. The FWC concluded that the agreement was in the best interests of the employees and approved it accordingly. The FWC's approval means that the agreement will now apply to the nursing staff employed by Calvary Health Care Tasmania Limited.

Calvary Health Care Tasmania Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established