DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Calvary Health Care Tasmania Limited T/A Calvary Health Care Tasmania
(AG2018/1181)

CALVARY HEALTH CARE TASMANIA HOSPITAL STAFF ENTERPRISE AGREEMENT 2017

Tasmania
COMMISSIONER GREGORY	MELBOURNE, 19 JULY 2018

Application for approval of the Calvary Health Care Tasmania Hospital Staff Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Calvary Health Care Tasmania Hospital Staff Enterprise Agreement 2017 (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 T/A Calvary Health Care Tasmania. 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 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 July 2018. The nominal expiry date of the Agreement is 1 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Calvary Health Care Tasmania Limited, trading as Calvary Health Care Tasmania, applied for approval of the Calvary Health Care Tasmania Hospital Staff Enterprise Agreement 2017. The application was brought before the Fair Work Commission in accordance with the Fair Work Act 2009. The primary concern was whether the agreement met the requirements for approval under the Fair Work Act, including compliance with minimum standards and whether it had been fairly negotiated.

The central legal issues were whether the agreement satisfied the criteria for "single-enterprise bargaining" and whether it adhered to the "better-off-overall test." This required the tribunal to assess whether the proposed agreement provided employees with benefits that were at least as good as those they would have under the applicable award or previous agreement. Additionally, the tribunal had to determine whether the agreement was negotiated fairly and in good faith.

The tribunal found that the agreement was appropriately negotiated and provided employees with benefits that were at least as good as those provided under the relevant award. The tribunal was satisfied that the agreement met the necessary criteria for approval under the Fair Work Act. It concluded that the agreement provided for a single-enterprise bargaining scope and adhered to the better-off-overall test. The tribunal also determined that the negotiation process was conducted in good faith.

As a result, the Fair Work Commission approved the Calvary Health Care Tasmania Hospital Staff Enterprise Agreement 2017, confirming its compliance with the relevant legislative requirements. The decision affirmed the agreement's validity and its alignment with the standards set forth in the Fair Work Act.

Calvary Health Care Tasmania Limited T/A Calvary Health Care Tasmania

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established