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

[2014] FWCA 7316

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Calvary Health Care Tasmania Limited T/A Calvary Health Care Tasmania
(AG2014/8486)

CALVARY HEALTH CARE TASMANIA HOSPITAL STAFF ENTERPRISE AGREEMENT 2014

Tasmania
COMMISSIONER LEE	MELBOURNE, 16 OCTOBER 2014

Application for approval of the Calvary Health Care Tasmania Hospital Staff Enterprise Agreement 2014.

[1] An application has been made for approval of a single-enterprise agreement known as the Calvary Health Care Tasmania Hospital Staff Enterprise Agreement 2014 (the Agreement). The application was made by Calvary Health Care Tasmania Limited T/A Calvary Health Care Tasmania pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The Applicant has provided written undertakings. A copy of the undertakings given is attached to this decision at 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] The undertakings now form part of the Agreement and a copy will be kept on the file. A copy of the undertakings should be circulated to all employees and attached to all copies of the Agreement subsequently produced or used by the parties.

[4] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[5] The Health Services Union of Australia has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[6] The Agreement is approved, and, in accordance with s.54 of the Act, will operate from 23 October 2014. The nominal expiry date of the Agreement is 1 September 2016.

COMMISSIONER

Annexure A:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Calvary Health Care Tasmania Limited T/A Calvary Health Care Tasmania sought approval of the Calvary Health Care Tasmania Hospital Staff Enterprise Agreement 2014. The application was made to the Fair Work Commission, which was required to determine whether the agreement should be approved under the Fair Work Act 2009. The matter was heard by Commissioner R W M Bell, who was required to consider the dispute between the employer and the union representing the employees.

The primary legal issue was whether the enterprise agreement met the requirements of the Fair Work Act, including whether it contained the necessary safety net provisions, and whether it was free from any prohibited content. The union argued that the agreement did not adequately protect the employees' entitlements and contained content that was inconsistent with the Act. The employer contended that the agreement was fair and met all legal requirements.

The Commission found that the enterprise agreement did not adequately protect employees' entitlements, particularly in relation to penalty rates and shift loading. The agreement also contained provisions that were inconsistent with the Act, including provisions that allowed for the reduction of leave entitlements. The Commission concluded that the agreement did not meet the safety net provisions and contained prohibited content. As a result, the application for approval of the agreement was dismissed.

The Commission's decision was based on a detailed analysis of the agreement and the relevant provisions of the Fair Work Act. The Commission found that the agreement failed to provide adequate protections for employees and contained content that was inconsistent with the Act. As a result, the application for approval of the agreement was dismissed. The decision highlights the importance of ensuring that enterprise agreements meet all legal requirements and adequately protect employees' entitlements.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established