Calvary Home Care Services Limited Summary

[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.

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.

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.

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.

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.

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

Annexure A

CaseChat Overview and Summary

Calvary Home Care Services Limited, an entity providing home care services, applied to the Fair Work Commission for the approval of their proposed enterprise agreement with their nurses. The agreement, covering the period from 2023 to 2026, aimed to outline the terms and conditions of employment for the nurses, including wages, hours of work, and other employment-related matters. The dispute was brought before the Commission under the Fair Work Act 2009, which mandates the approval of enterprise agreements by the Fair Work Commission before they can be implemented.

The primary legal issue before the Commission was whether the proposed agreement met the requirements of the Fair Work Act. Specifically, the Commission had to determine if the agreement provided for fair and reasonable terms and conditions, and whether it was made in good faith. This involved examining the provisions of the agreement, the bargaining process leading to its creation, and ensuring it complied with relevant legislative provisions, including those addressing minimum wage rates, penalty rates, and other employment standards.

The Commission carefully reviewed the application, assessing the terms of the agreement against the statutory criteria. It considered the bargaining process and the evidence provided by the parties, ensuring that the agreement was genuinely negotiated and not imposed. The Commission noted that the agreement included provisions that met the minimum standards set by the Act, including appropriate wage rates and conditions. After thorough examination, the Commission determined that the agreement was fair and reasonable, and had been made in good faith. Consequently, the Commission approved the agreement.

The Fair Work Commission approved the Calvary Health Care – Home Care Services – Nurses Enterprise Agreement 2023–2026, confirming its compliance with the Fair Work Act and its adherence to the statutory criteria for enterprise agreements. The approved agreement now serves as the legally binding terms of employment for the nurses covered by the agreement, effective from the specified period.

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