DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Calvary Health Tasmania Limited T/A Calvary St Vincent's Hospital Calvary Lenah Valley Hospital Calvary St John's Hospital Calvary St Luke's Hospital
(AG2019/1408)

CALVARY HEALTH CARE TASMANIA HOSPITAL STAFF ENTERPRISE AGREEMENT 2019

Health and welfare services
COMMISSIONER WILSON	MELBOURNE, 19 AUGUST 2019

Application for approval of the Calvary Health Care Tasmania Hospital Staff Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Calvary Health Care Tasmania Hospital Staff Enterprise Agreement 2019 (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 Tasmania Limited T/A Calvary St Vincent’s Hospital Calvary Lenah Valley Hospital Calvary St John’s Hospital Calvary St Luke’s Hospital. The Agreement is a single enterprise agreement.

[2] The Employer 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 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 August 2019. The nominal expiry date of the Agreement is 1 September 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Calvary Health Tasmania Limited T/A Calvary St Vincent's Hospital, Calvary Lenah Valley Hospital, Calvary St John's Hospital, and Calvary St Luke's Hospital applied to the Fair Work Commission for the approval of the Calvary Health Care Tasmania Hospital Staff Enterprise Agreement 2019. The application was opposed by the Tasmanian Nurses and Midwifery Union. The primary issue before the court was whether the enterprise agreement was consistent with the requirements set forth in the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009. The court had to determine if the agreement adequately covered all employees within the scope of the application, provided fair and reasonable terms and conditions for those employees, and adhered to any relevant provisions of the Fair Work Act. Additionally, the court needed to assess if the agreement had been fairly and genuinely negotiated and if the process was conducted in good faith.

The Fair Work Commission considered various factors, including the negotiation process, the terms and conditions of the agreement, and the overall compliance with the statutory requirements. The court found that the agreement had been genuinely negotiated and fairly and genuinely negotiated. It also found that the terms and conditions provided by the agreement were fair and reasonable, and it was consistent with the provisions of the Fair Work Act. The court further held that the agreement adequately covered all employees within the scope of the application. Consequently, the court approved the enterprise agreement, finding it to be consistent with the requirements of the Fair Work Act and the Fair Work (Registered Organisations) Act.

The final orders of the Fair Work Commission were that the Calvary Health Care Tasmania Hospital Staff Enterprise Agreement 2019 be approved as a certified agreement. The approval was effective from the date of the decision and would remain in force until such time as it was replaced or terminated in accordance with the Fair Work Act. The decision was binding on all parties and provided certainty and stability for the employees covered by the agreement.

Calvary Health Tasmania Limited T/A Calvary St Vincent's Hospital Calvary Lenah Valley Hospital Calvary St John's Hospital Calvary St Luke's Hospital

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established