Calvary Home Care Services Limited

Case

[2025] FWCA 728

25 FEBRUARY 2025


[2025] FWCA 728

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Calvary Home Care Services Limited

(AG2025/204)

CALVARY HEALTH CARE – HOME CARE SERVICES – NURSES ENTERPRISE AGREEMENT 2023–2026

Health and welfare services

COMMISSIONER YILMAZ

MELBOURNE, 25 FEBRUARY 2025

Application for approval of the Calvary Health Care – Home Care Services – Nurses Enterprise Agreement 2023–2026.

  1. An application has been made for approval of an enterprise agreement known as the Calvary Health Care – Home Care Services – Nurses Enterprise Agreement 2023–2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Calvary Home Care Services Limited. The Agreement is a single enterprise agreement. 

  1. I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A 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 ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen. 

  1. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement. A copy of the model flexibility term is attached at Annexure A.

  1. The Australian Nursing and Midwifery Federation (ANMF) 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. 

  1. The Agreement is approved and in accordance with s.54, will operate from 10 March 2025. The nominal expiry date of the Agreement is 30 June 2027. 

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE528169 PR784739>

Annexure A

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