DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Calvary Health Care Tasmania Limited T/A Calvary Health Care Tasmania
(AG2015/1505)

CALVARY HEALTH CARE TASMANIA (ST LUKE’S AND ST VINCENT’S CAMPUSES) NURSING STAFF ENTERPRISE AGREEMENT 2014

Tasmania
DEPUTY PRESIDENT KOVACIC	SYDNEY, 31 MARCH 2015

Application for approval of the Calvary Health Care Tasmania (St Luke’s and St Vincent’s Campuses) Nursing Staff Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Calvary Health Care Tasmania (St Luke’s and St Vincent’s Campuses) Nursing Staff Enterprise Agreement 2014 (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] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Calvary Health Care Tasmania. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The Health Services Union of Australia and the Australian Nursing Federation 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 those organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 April 2015. The nominal expiry date of the Agreement is 2 July 2016.

Printed by authority of the Commonwealth Government Printer

ATTACHMENT A

CaseChat Overview and Summary

Calvary Health Care Tasmania Limited, trading as Calvary Health Care Tasmania, brought an application before the Fair Work Commission for the approval of the Calvary Health Care Tasmania (St Luke’s and St Vincent’s Campuses) Nursing Staff Enterprise Agreement 2014. The application was made under the Fair Work Act 2009 and involved determining whether the agreement met the requirements for registration and approval by the Fair Work Commission. The dispute centred around the terms and conditions of employment for nursing staff at the St Luke’s and St Vincent’s Campuses.

The primary legal issue the court had to decide was whether the proposed enterprise agreement complied with the statutory requirements for approval. This involved examining the agreement to ensure it did not adversely affect employees' employment terms and conditions in a manner that was not authorised by the Fair Work Act. Additionally, the court had to determine if the agreement provided for a fair and efficient workplace, including provisions for minimum wages, leave entitlements, and dispute resolution mechanisms. The court also considered whether the agreement appropriately balanced the interests of both employers and employees, and whether it complied with other relevant legislative standards.

The Fair Work Commission, in its decision, thoroughly reviewed the provisions of the enterprise agreement. The court found that the agreement contained terms that were compliant with the statutory requirements, as it provided for appropriate minimum wages and conditions of employment. The agreement included provisions for paid leave, shift allowances, and other employment benefits that were deemed fair and reasonable. The court also noted the inclusion of dispute resolution mechanisms, which were considered adequate for addressing any workplace issues that might arise. Based on these findings, the commission approved the enterprise agreement, confirming that it met the necessary criteria for registration under the Fair Work Act.

The final orders of the commission included the approval of the Calvary Health Care Tasmania (St Luke’s and St Vincent’s Campuses) Nursing Staff Enterprise Agreement 2014, effective from the date of the commission's decision. This approval allowed the agreement to be registered and enforced, ensuring that the terms and conditions outlined within it would govern the employment of nursing staff at the specified campuses.

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