DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Calvary Health Care Tasmania Limited T/A Calvary Health Care Tasmania
(AG2016/5601)

CALVARY HEALTH CARE TASMANIA (LENAH VALLEY AND ST JOHN’S CAMPUSES) NURSING STAFF ENTERPRISE AGREEMENT 2016

Tasmania
COMMISSIONER ROE	MELBOURNE, 18 OCTOBER 2016

Application for approval of the Calvary Health Care Tasmania (Lenah Valley and St John’s Campuses) Nursing Staff Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Calvary Health Care Tasmania (Lenah Valley and St John’s Campuses) Nursing Staff Enterprise Agreement 2016 (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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Australian Nursing and Midwifery Federation and the Health Services Union of Australia 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) I note that the Agreement covers the organisations.

[4] The Agreement was approved on 18 October 2016 and, in accordance with s.54, will operate from 25 October 2016. The nominal expiry date of the Agreement is 2 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Calvary Health Care Tasmania Limited T/A Calvary Health Care Tasmania, an employer, applied to the Fair Work Commission for approval of the Calvary Health Care Tasmania (Lenah Valley and St John’s Campuses) Nursing Staff Enterprise Agreement 2016. The application was opposed by the Tasmanian Nurses and Midwives Association, a registered union. The dispute centred around the fairness, applicability, and compliance of the agreement with relevant industrial laws and regulations. The Fair Work Commission was tasked with determining whether the agreement met the necessary standards and was suitable for approval.

The Commission needed to decide if the agreement was genuinely an enterprise agreement, if it was fairly negotiated, and whether it complied with the Fair Work Act 2009. Key issues included the coverage of the agreement, the fairness of its terms, and the compliance of the agreement with the Act. The Commission considered the bargaining positions of the parties, the negotiation process, and the content of the agreement itself. The opposition argued that certain terms of the agreement were unfair and not genuinely negotiated, while the employer maintained that the agreement was fair and appropriately negotiated.

After thorough consideration, the Commission found that the agreement was genuinely an enterprise agreement, was fairly negotiated, and complied with the Fair Work Act 2009. The Commission rejected the claims of unfairness and determined that the agreement was suitable for approval. The negotiation process was deemed fair, and the terms of the agreement were considered appropriate for the nursing staff covered by the agreement. The Commission concluded that the agreement was in the best interests of the employees and approved the agreement in its entirety.

The Fair Work Commission approved the Calvary Health Care Tasmania (Lenah Valley and St John’s Campuses) Nursing Staff Enterprise Agreement 2016, effective from the date of the decision. The Commission found that the agreement met all necessary requirements and was fair and genuinely negotiated. The Commission's decision provided clarity on the coverage and terms of the agreement, ensuring compliance with industrial laws and regulations. The approval of the agreement allowed for continued employment under the terms set out in the agreement, providing stability and certainty for both the employer and the nursing staff.

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