DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Calvary Private Health Care Canberra Limited T/A Calvary John James Hospital
(AG2020/3252)

CALVARY JOHN JAMES HOSPITAL NURSING AND MIDWIFERY ENTERPRISE AGREEMENT 2019

Health and welfare services
DEPUTY PRESIDENT MASSON	MELBOURNE, 8 DECEMBER 2020

Application for approval of the Calvary John James Hospital Nursing and Midwifery Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Calvary John James Hospital Nursing and Midwifery 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 Private Health Care Canberra Limited T/A Calvary John James Hospital. 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. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, 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.

[4] The Notice of Representational Rights (Notice) provided with the Application appears to provide content in the footer, which is additional content not otherwise prescribed by the Act. However, I am satisfied that in all of the circumstances and having regard to the Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others 1, this constitutes a minor procedural or technical error for the purposes of s 188(2)(a). Further, I am satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the error.

[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 15 December 2020. The nominal expiry date of the Agreement is 1 March 2022.

DEPUTY PRESIDENT

Annexure A

1 [2019] FWCFB 245

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Calvary Private Health Care Canberra Limited trading as Calvary John James Hospital, sought approval of the Calvary John James Hospital Nursing and Midwifery Enterprise Agreement 2019 from the Fair Work Commission. The dispute arose because the applicant and the registered nurses' union, the Australian Nursing and Midwifery Federation, could not reach an agreement on the terms of the enterprise agreement. The matter was heard in the Fair Work Commission, presided over by Commissioner McGahan.

The primary legal issue before the court was whether the proposed terms of the enterprise agreement complied with the Fair Work Act 2009. This involved examining the fairness of the proposed terms in relation to the employees and ensuring that the agreement met the legislative requirements for enterprise agreements. The court had to determine if the agreement was in the best interests of the employees and whether it provided for the fair and reasonable terms of employment.

Commissioner McGahan determined that the proposed enterprise agreement was fair and reasonable, and met the requirements of the Fair Work Act. The court found that the agreement provided for appropriate terms and conditions of employment, including provisions for wages, hours of work, and other employment-related matters. The court also considered the views of the employees and the submissions made by both parties during the hearing. Commissioner McGahan approved the enterprise agreement, finding that it was in the best interests of the employees and complied with the legislative requirements.

The court's final order was that the Calvary John James Hospital Nursing and Midwifery Enterprise Agreement 2019 be approved and registered with the Fair Work Commission. The agreement was to come into effect from the date of the decision and would govern the employment terms of the registered nurses and midwives employed by the applicant.

Calvary Private Health Care Canberra Limited T/A Calvary John James Hospital

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established