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

[2014] FWCA 5709

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Calvary Private Health Care Canberra Limited T/A Calvary John James Hospital
(AG2014/6558)

CALVARY JOHN JAMES HOSPITAL NURSING AND MIDWIFERY ENTERPRISE AGREEMENT 2014.

Health and welfare services
DEPUTY PRESIDENT BOOTH	SYDNEY, 20 AUGUST 2014

Application for approval of the Calvary John James Hospital Nursing and Midwifery Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Calvary John James Hospital Nursing and Midwifery Enterprise Agreement 2014 (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 Ltd (T/A Calvary John James Hospital). The agreement is a single-enterprise agreement.

[2] The Agreement does not contain a flexibility term. I note that the model flexibility term is taken, pursuant to s.205(2) of the Act, to be a term of the Agreement.

[3] An undertaking has been provided by Mr Shaune Gillespie, CEO, Calvary Private Health Care Canberra Ltd. The written undertaking concerning clause 8(b)(iii) will be taken to be a term of the Agreement pursuant to s.191 of the Act. The undertaking is attached to this decision.

[4] The Australian Nursing and Midwifery Federation, ACT Branch, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 August 2014. The nominal expiry date of the Agreement is 1 March 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Calvary Private Health Care Canberra Limited T/A Calvary John James Hospital sought approval of the Calvary John James Hospital Nursing and Midwifery Enterprise Agreement 2014. The application was made to the Fair Work Commission, which reviewed the agreement under the Fair Work Act 2009. The main contention was whether the agreement met the requirements of the Act, particularly concerning the scope and content of the agreement.

The legal issues involved the interpretation of the Fair Work Act, the nature of enterprise agreements, and the rights and obligations of employers and employees. Key questions included whether the agreement appropriately addressed the bargaining rights of the parties, the procedural fairness in reaching the agreement, and whether the agreement contained provisions that met the criteria for registration. The Court also had to consider whether any provisions were contrary to public policy or inconsistent with the overarching objectives of the Act.

In its decision, the Fair Work Commission found that the agreement was appropriately negotiated and met the necessary criteria for approval. The Commission considered the evidence presented, which demonstrated the parties had engaged in genuine bargaining, and the agreement reflected the terms and conditions agreed upon. The Commission concluded that the agreement was fair and met the requirements of the Act, thereby approving the Calvary John James Hospital Nursing and Midwifery Enterprise Agreement 2014. The decision was made on the basis that the agreement was consistent with the statutory requirements and did not contravene any public policy considerations.

The Fair Work Commission approved the agreement, and its decision was final and binding on the parties involved. The approval meant that the terms and conditions outlined in the agreement were to be enforced and adhered to by both the hospital and the nursing and midwifery staff. This decision provided clarity and legal certainty regarding the employment conditions within the Calvary John James Hospital.

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