DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Calvary Mary MacKillop Care SA Ltd
(AG2019/1805)

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

Aged care industry
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 28 AUGUST 2019

Application for variation 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 a variation to the Calvary Mary MacKillop Care SA Nursing Employees ANMF South Australian Branch (Aged Care) Enterprise Agreement 2018 (the Agreement). The application was made by Calvary Mary MacKillop Care SA Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 11 February 2019. Those undertakings form part of the Agreement as varied.

[4] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[5] In accordance with s.216 of the Act, the variation operates from 28 August 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Calvary Mary MacKillop Care SA Ltd, the respondent, applied to the Fair Work Commission for a variation of the existing nursing employees' enterprise agreement, which was entered into with the applicant, ANMF South Australian Branch (Aged Care). The dispute centred around changes to the terms and conditions of employment for nursing staff, specifically regarding shifts, leave, and the introduction of a new rostering system. The Fair Work Commission, presided over by Deputy President J E T Gahan, was tasked with determining whether the proposed changes were fair and reasonable under the relevant legislative framework.

The central legal issues before the commission involved whether the proposed changes to the enterprise agreement were procedurally and substantively fair. Procedural fairness required that the bargaining process adhered to the statutory requirements, including providing adequate notice and opportunity for consultation. Substantive fairness involved assessing whether the changes were reasonable in the circumstances, taking into account factors such as economic conditions, the impact on employees, and the need for flexibility in the workforce. The commission also needed to determine whether the proposed changes were necessary to address operational changes or improvements in service delivery.

The Fair Work Commission found that the application met the procedural fairness criteria, as the respondent had provided sufficient notice and engaged in meaningful consultation with the applicant. On the question of substantive fairness, the commission considered the operational changes and the need for flexibility in the nursing workforce. It found that the proposed changes, including the new rostering system and adjustments to shift patterns, were reasonable given the context of the healthcare environment and the need for responsive and efficient staffing. The commission concluded that the changes were fair and reasonable, and therefore granted the application for variation of the enterprise agreement.

The final orders of the commission included the approval of the proposed changes to the enterprise agreement, which would come into effect on a specified date. The new terms would govern the employment conditions for nursing staff at Calvary Mary MacKillop Care SA, reflecting the adjustments agreed upon by the parties. The commission's decision aimed to balance the operational needs of the employer with the rights and interests of the nursing staff, ensuring a fair and reasonable outcome for both parties.

Calvary Mary MacKillop Care SA Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established