Calvary Home Care Services Limited T/A Calvary Silver Circle

[2014] FWCA 4560

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Calvary Home Care Services Limited T/A Calvary Silver Circle
(AG2014/6031)

CALVARY HOME CARE SERVICES LTD NURSING EMPLOYEES - ANMF ENTERPRISE AGREEMENT 2014

Health and welfare services
COMMISSIONER JOHNS	MELBOURNE, 9 JULY 2014

Application for approval of the Calvary Home Care Services Ltd Nursing Employees - ANMF Enterprise Agreement 2014.

[1] On 13 May 2014 Calvary Home Care Services Limited T/A Calvary Silver Circle (Applicant) made an application for approval of the Calvary Home Care Services Ltd Nursing Employees - ANMF Enterprise Agreement 2014 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is 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. In any case, the Australian Nursing and Midwifery Federation (ANMF) has indicated its acceptance of the undertakings.

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

[5] The 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), the Commission notes that the Agreement covers this organisation.

[6] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 16 July 2014. The nominal expiry date of the Agreement is 31 December 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Calvary Home Care Services Limited, trading as Calvary Silver Circle, applied for the approval of the Nursing Employees - ANMF Enterprise Agreement 2014. The matter was heard by the Fair Work Commission (FWC). The dispute centred on whether the proposed enterprise agreement met the legal requirements under the Fair Work Act 2009 and the Fair Work Regulations 2009. Specifically, the application raised concerns about the fairness and procedural compliance of the agreement.

The central legal issues before the FWC were whether the proposed agreement had been fairly and properly negotiated, and if it contained all the required terms and conditions under the Act and Regulations. The FWC had to consider if the agreement was in the best interests of the employees and whether it was procedurally sound. The commission also examined if the agreement contained all the mandatory terms as required by the regulations.

The FWC found that the application complied with the necessary legal standards. It determined that the agreement had been fairly and properly negotiated and contained all the required terms. The FWC concluded that the agreement was in the best interests of the employees and was procedurally sound. The commission approved the proposed enterprise agreement, confirming its compliance with the Fair Work Act and Regulations.

The FWC's final order was the approval of the Calvary Home Care Services Ltd Nursing Employees - ANMF Enterprise Agreement 2014, effective from the date of the decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established