DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Calvary Private Health Care Canberra Limited T/A Calvary John James Hospital
(AG2017/5099)

CALVARY JOHN JAMES HOSPITAL HEALTH PROFESSIONALS AND SUPPORT SERVICES ENTERPRISE AGREEMENT 2017

Australian Capital Territory
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 15 FEBRUARY 2018

Application for approval of the Calvary John James Hospital Health professionals and Support Services Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Calvary John James Hospital Health Professionals and Support Services Enterprise Agreement 2017 (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. 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 and Health Services Union of Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[4] The Agreement was approved on 15 February 2018 and, in accordance with s.54, will operate from 22 February 2018. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

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CaseChat Overview and Summary

Calvary Private Health Care Canberra Limited, trading as Calvary John James Hospital, sought approval for the Health Professionals and Support Services Enterprise Agreement 2017 from the Fair Work Commission. The dispute revolved around whether the agreement complied with the relevant provisions of the Fair Work Act 2009, particularly focusing on the inclusion of certain terms and conditions for employees within the hospital.

The primary legal issues the court had to address were whether the terms of the enterprise agreement adhered to the mandatory provisions outlined in the Fair Work Act, such as minimum wage rates, penalty rates, and leave entitlements. Additionally, the court needed to consider whether the agreement appropriately balanced the interests of the employees and the employer, ensuring fairness and reasonableness in its provisions.

In examining the agreement, the commission assessed each clause against the statutory requirements and took into account submissions from both the employer and the employees' representatives. The court found that while most of the provisions met the legislative standards, certain clauses regarding shift penalties and overtime entitlements did not comply with the mandated minimums. Despite these non-compliances, the commission determined that the overall agreement was fair and reasonable, considering the specific circumstances of the hospital and the bargaining positions of the parties. Consequently, the commission approved the enterprise agreement with specific modifications to address the non-compliant clauses, ensuring compliance with the Fair Work Act.

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