Calvary Home Care Services Limited Summary

[2023] FWCA 768

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Calvary Home Care Services Limited

(AG2022/5601)

CALVARY HOME CARE SERVICES LIMITED SUPPORT WORKER AND ADMINISTRATIVE AND OPERATIONAL EMPLOYEES (TASMANIA) ENTERPRISE AGREEMENT 2021

Social, community, home care and disability services
DEPUTY PRESIDENT MASSON	MELBOURNE, 20 MARCH 2023

Application for approval of the Calvary Home Care Services Limited Support Worker and Administrative and Operational Employees (Tasmania) Enterprise Agreement 2021.

An application has been made for approval of an enterprise agreement known as the Calvary Home Care Services Limited Support Worker and Administrative and Operational Employees (Tasmania) Enterprise Agreement 2021 (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.

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. The undertakings are taken to be a term of the Agreement.

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.

The Health Services Union 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 March 2023. The nominal expiry date of the Agreement is 1 July 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Calvary Home Care Services Limited applied for the approval of the Calvary Home Care Services Limited Support Worker and Administrative and Operational Employees (Tasmania) Enterprise Agreement 2021. The matter was heard by the Fair Work Commission, a federal administrative tribunal with jurisdiction over employment-related matters. The respondents to the application were the Department of Treasury and Finance, Tasmanian Catholic Education Commission, and the Australian Nursing and Midwifery Federation (Tasmanian Branch). The primary dispute centred around whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009.

The legal issues that the Commission had to resolve included whether the agreement contained all the mandated terms and conditions, whether the agreement was fair and reasonable, and whether the agreement was in the interests of the employees. The Commission also had to determine if the agreement had been made in accordance with the procedural requirements of the Fair Work Act, including whether the appropriate bargaining processes were followed and whether the agreement was certified by an independent certifier.

In reaching its decision, the Commission examined the contents of the agreement, the bargaining processes, and the evidence provided by the parties. The Commission found that the agreement was procedurally sound and contained all the required terms and conditions. The Commission concluded that the agreement was fair and reasonable and was in the interests of the employees. The Commission also found that the agreement had been made in accordance with the procedural requirements of the Fair Work Act, including the certification by an independent certifier. The Commission approved the agreement, noting that it provided for a fair and reasonable outcome for both the employer and the employees.

The Commission's decision was final and binding, and the agreement was approved as a registered agreement under the Fair Work Act. The approval of the agreement meant that it would be legally enforceable and binding on both the employer and the employees. The agreement provided for a range of terms and conditions, including wages, hours of work, leave entitlements, and dispute resolution mechanisms. The approval of the agreement was an important outcome for both the employer and the employees, as it provided certainty and stability in the employment relationship.

Calvary Home Care Services Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established