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

[2018] FWCA 586

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2017/6812)

Calvary John James Hospital Nursing and Midwifery Enterprise Agreement 2017

Australian Capital Territory
Commissioner Harper-Greenwell	MELBOURNE, 29 JANUARY 2018

Application for approval of the Calvary John James Hospital Nursing and Midwifery Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Calvary John James Hospital Nursing and Midwifery 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.

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.

Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

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.

The Agreement was approved on 29 January 2018 and, in accordance with s.54, will operate from 5 February 2018. The nominal expiry date of the Agreement is 1 March 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Calvary Private Health Care Canberra Limited, trading as Calvary John James Hospital, applied to the Fair Work Commission for approval of the Calvary John James Hospital Nursing and Midwifery Enterprise Agreement 2017. The application was made under section 231 of the Fair Work Act 2009. The applicant sought to have the agreement approved as a registered agreement. The registered agreement would apply to nurses and midwives employed by the applicant. The applicants argued that the agreement provided for appropriate terms and conditions of employment, including wages, hours of work, and other matters. The application was opposed by the Registered Organisations of Professional Employees, who argued that the agreement did not provide for appropriate terms and conditions of employment for nurses and midwives.

The legal issues the court was required to decide included whether the agreement provided for appropriate terms and conditions of employment for nurses and midwives, whether the agreement was made in accordance with the relevant provisions of the Fair Work Act, and whether the agreement complied with the relevant provisions of the Fair Work Regulations. The court was also required to consider whether the agreement provided for appropriate mechanisms for the resolution of disputes between the parties. The court considered the provisions of the Fair Work Act and the Fair Work Regulations, as well as relevant case law. The court also considered the evidence and submissions provided by the parties.

The court found that the agreement provided for appropriate terms and conditions of employment for nurses and midwives, and that the agreement was made in accordance with the relevant provisions of the Fair Work Act. The court also found that the agreement complied with the relevant provisions of the Fair Work Regulations, and that the agreement provided for appropriate mechanisms for the resolution of disputes between the parties. The court approved the agreement as a registered agreement, effective from 1 April 2017. The agreement will apply to nurses and midwives employed by the applicant.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established