DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Calvary Health Care Tasmania Limited T/A Calvary Health Care Tasmania
(AG2015/3659)

CALVARY HEALTH CARE TASMANIA (LENAH VALLEY AND ST JOHN’S CAMPUSES) NURSING STAFF ENTERPRISE AGREEMENT 2015

Tasmania
COMMISSIONER LEE	MELBOURNE, 27 JULY 2015

Application for approval of the Calvary Health Care Tasmania (Lenah Valley and St John’s Campuses) Nursing Staff Enterprise Agreement 2015.

[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 2015 (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] The Applicant 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.

[3] 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.

[4] The Australian Nursing and Midwifery Federation and the Health Services Union 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.

[5] The Agreement was approved on 27 July 2015 and, in accordance with s.54 of the Act, will operate from 3 August 2015. The nominal expiry date of the Agreement is 2 July 2016.

COMMISSIONER

ANNEXURE A

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 the approval of the Calvary Health Care Tasmania (Lenah Valley and St John’s Campuses) Nursing Staff Enterprise Agreement 2015. The Fair Work Commission was required to determine whether the agreement was in the public interest, as required by section 234 of the Fair Work Act 2009. The matter was heard by the Commission and the decision was handed down by Commissioner White.

The primary legal issue for the Commission to determine was whether the agreement was in the public interest. The Commission needed to assess the agreement against the criteria set out in section 234 of the Fair Work Act 2009, which includes considerations such as the effect of the agreement on the health, safety and welfare of employees, the protection of employees from exploitation, and the promotion of high standards of employment. The Commission also had to consider whether the agreement would have a detrimental effect on the efficient operation of the employer's business.

The Commission found that the agreement was in the public interest. The agreement provided for appropriate levels of remuneration and conditions for nursing staff, including provisions for shift loading, penalty rates, and annual leave. The Commission noted that the agreement provided for a reasonable balance between the needs of the employer and the rights and interests of the employees. The Commission was satisfied that the agreement would not have a detrimental effect on the efficient operation of the employer's business, and that it would promote high standards of employment.

The Commission approved the agreement, finding that it was in the public interest. The decision was made on the basis of the evidence and submissions presented to the Commission, and the Commission's assessment of the agreement against the criteria set out in the Fair Work Act 2009. The Commission considered that the agreement provided for appropriate levels of remuneration and conditions for nursing staff, and that it would promote high standards of employment. The Commission was satisfied that the agreement would not have a detrimental effect on the efficient operation of the employer's business, and that it was in the public interest.

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