DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Calvary Mary MacKillop Care SA Limited
(AG2018/5076)

CALVARY MARY MACKILLOP CARE SA NURSING EMPLOYEES ANMF SOUTH AUSTRALIAN BRANCH (AGED CARE) ENTERPRISE AGREEMENT 2018

Health and welfare services
COMMISSIONER BISSETT	MELBOURNE, 11 FEBRUARY 2019

Application for approval of the Calvary Mary MacKillop Care SA Nursing Employees ANMF South Australian Branch (Aged Care) Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Calvary Mary MacKillop Care SA Nursing Employees ANMF South Australian Branch (Aged Care) Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Calvary Mary MacKillop Care SA Limited. The Agreement is a single enterprise agreement.

[2] 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.

[3] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[4] Subject to the Undertakings, 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.

[5] The Australian Nursing and Midwifery Federation, 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 February 2019. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Calvary Mary MacKillop Care SA Limited sought approval of a proposed enterprise agreement from the Fair Work Commission (FWC) under section 230 of the Fair Work Act 2009 (Cth). The proposed agreement was intended to regulate the employment of nurses employed by Calvary at its aged care facility in Adelaide. The dispute centred around the specific terms of the agreement, particularly those relating to pay rates and other employment conditions for the nurses.

The primary legal issue for the FWC to determine was whether the proposed agreement met the criteria for approval as set out in the Fair Work Act. This required the FWC to consider whether the agreement provided for a fair and efficient workplace relationship, while also taking into account the overall public interest. Specifically, the FWC had to assess whether the pay rates and conditions in the proposed agreement were consistent with the principles of modern awards and whether they provided for a fair and reasonable outcome for the nurses and the employer.

In delivering its decision, the FWC noted that the proposed agreement contained provisions that were consistent with the principles of modern awards and provided for a fair and reasonable outcome for both the nurses and the employer. The FWC also found that the agreement provided for a fair and efficient workplace relationship, and that it was in the overall public interest to approve the agreement. The FWC accordingly approved the proposed agreement, subject to certain modifications to address minor concerns about the clarity and enforceability of some provisions.

The FWC's decision provides guidance on the factors that it will consider when assessing proposed enterprise agreements under the Fair Work Act. Employers and employees in the aged care sector, in particular, will be interested in the FWC's approach to setting pay rates and other employment conditions in this context. The decision also highlights the importance of ensuring that enterprise agreements are clear and enforceable, in order to avoid potential disputes and litigation in the future.

Calvary Mary MacKillop Care SA Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established