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

[2014] FWCA 6406

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Calvary Private Health Care Canberra Limited T/A Calvary John James Hospital
(AG2014/8685)

CALVARY JOHN JAMES HOSPITAL HEALTH PROFESSIONALS AND SUPPORT SERVICES ENTERPRISE AGREEMENT 2014

Australian Capital Territory
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 12 SEPTEMBER 2014

Application for approval of the Calvary John James Hospital Health Professionals and Support Services Enterprise Agreement 2014.

[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 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (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 of the Act 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) of the Act I note that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 September 2014. The nominal expiry date of the Agreement is 30 June 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Calvary Private Health Care Canberra Limited, trading as Calvary John James Hospital, was involved in an application for the approval of the Calvary John James Hospital Health Professionals and Support Services Enterprise Agreement 2014. The application was heard in the Fair Work Commission. The primary dispute centred around whether the agreement met the necessary criteria under the Fair Work Act 2009 for approval as a registered enterprise agreement.

The legal issues before the Commission included whether the agreement appropriately covered the stipulated employees, if it complied with the procedural requirements for registration, and if it included all mandatory terms as required by the Act. Specifically, the Commission had to examine if the agreement was made in good faith and if it contained the minimum terms and conditions that must be provided under the Fair Work Act.

The Fair Work Commission found that the agreement was comprehensive and met all the necessary criteria for registration. It included all the mandatory terms, was made in good faith, and adhered to the procedural requirements outlined in the Act. The Commission also noted that the agreement had been fairly and properly negotiated between the employer and the employees' representatives. The approval was granted based on these findings.

The final orders included the registration of the Calvary John James Hospital Health Professionals and Support Services Enterprise Agreement 2014, effective from the date of the Commission's decision. This registration ensured that the terms of the agreement would legally bind both the employer and the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established