Calvary Home Care Services Ltd

[2019] FWCA 6531

[2019] FWCA 6531

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Calvary Home Care Services Ltd
(AG2019/2086)

CALVARY HOME CARE SERVICES LIMITED NURSING EMPLOYEES - ANMF ENTERPRISE AGREEMENT 2019

Health and welfare services
COMMISSIONER YILMAZ	MELBOURNE, 25 SEPTEMBER 2019

Application for approval of the Calvary Home Care Services Limited Nursing Employees - ANMF Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Calvary Home Care Services Limited Nursing Employees – ANMF 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 Home Care Services Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Australian Nursing and Midwifery Federation (ANMF) while supporting the agreement, raised concern with the ordinary hours of work clause which does not include the words “For the purpose of this subclause, duty includes time an employee is on call”. I have taken into consideration the submissions of the ANMF and the Applicant regarding this matter and consider that for the purposes of s.193 of the Act, the benefits provided by the Agreement are sufficient to overcome any potential detriment arising out of the omission of those words.

[4] 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54, will operate from 2 October 2019. The nominal expiry date of the Agreement is 1 September 2021.

COMMISSIONER

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