DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Calvary Private Health Care Canberra Limited T/A Calvary John James Hospital
(AG2020/2400)

CALVARY JOHN JAMES HOSPITAL HEALTH PROFESSIONALS AND SUPPORT SERVICES ENTERPRISE AGREEMENT 2019

Health and welfare services
DEPUTY PRESIDENT MASSON	MELBOURNE, 10 SEPTEMBER 2020

Application for approval of the Calvary John James Hospital Health Professional and Support Services Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Calvary John James Hospital Health Professional and Support Services 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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Health Services Union 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 September 2020. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Calvary Private Health Care Canberra Limited, trading as Calvary John James Hospital, to approve the Calvary John James Hospital Health Professional and Support Services Enterprise Agreement 2019. The application was brought under the Fair Work Act 2009, seeking to ensure that the proposed agreement met the legal standards for approval by the Commission.

The legal issues before the Commission were whether the agreement complied with the statutory requirements set out in the Fair Work Act, including whether it was made in good faith, whether it included appropriate dispute resolution processes, and whether it met the other criteria for modern awards and agreements as outlined in the Act. Additionally, the Commission had to consider the implications of the agreement on the employees' rights and protections.

The Fair Work Commission found that the Calvary John James Hospital Health Professional and Support Services Enterprise Agreement 2019 was compliant with the statutory requirements. The Commission concluded that the agreement was made in good faith, included appropriate dispute resolution processes, and met all the criteria for approval under the Fair Work Act. The Commission took into account the submissions from the parties, the nature of the roles and responsibilities of the employees covered by the agreement, and the broader industrial context in reaching its decision.

Accordingly, the Fair Work Commission approved the Calvary John James Hospital Health Professional and Support Services Enterprise Agreement 2019, effective from the date of the decision. The Commission's approval ensured that the agreement would provide a framework for fair and reasonable terms of employment for the employees involved, while also recognising the operational needs of the employer.

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