Calvary Private Health Care Canberra Ltd

[2024] FWCA 4091

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Calvary Private Health Care Canberra Ltd

(AG2024/4248)

CALVARY HEALTH CARE – JOHN JAMES HOSPITAL – HEALTH PROFESSIONALS AND SUPPORT SERVICES ENTERPRISE AGREEMENT 2024-2027

Health and welfare services
COMMISSIONER CRAWFORD	SYDNEY, 22 NOVEMBER 2024

Application for approval of the Calvary Health Care – John James Hospital – Health Professionals and Support Services Enterprise Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the Calvary Health Care – John James Hospital – Health Professionals and Support Services Enterprise Agreement 2024 - 2027 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act). It has been made by Calvary Private Health Care Canberra Ltd. The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss. 186, 187 and 188 of the FW Act as are relevant to this application for approval have been met.

Noting clause 3.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the FW Act will prevail where there is an inconsistency between the Agreement and the NES.

The Health Services Union (HSU) lodged a Form F18 statutory declaration giving notice under s.183 of the FW Act that it wants the Agreement to cover it. In accordance with s.201(2) of the FW Act, I note the Agreement covers the HSU.

The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 30 June 2027.

COMMISSIONER

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CaseChat Overview and Summary

Calvary Private Health Care Canberra Ltd sought approval for a new enterprise agreement for health professionals and support services employees at John James Hospital. The matter was heard in the Fair Work Commission. The key legal issue before the Commission was whether the proposed agreement complied with the relevant legislative framework, including provisions for fair and equitable terms, and whether it met the necessary standards for employee protection and workplace fairness.

The Commission examined the provisions of the agreement to ensure they provided for fair and equitable terms and conditions. The analysis included a review of the agreement's provisions on wages, hours of work, leave entitlements, and other employment conditions. The Commission also considered the extent to which the agreement provided for the protection of employees, including any provisions for dispute resolution mechanisms. The Commission concluded that the agreement met the legislative requirements and provided for fair and equitable terms for the employees. The Commission was satisfied that the agreement provided adequate protections for employees and complied with the relevant statutory standards.

Consequently, the Commission approved the Calvary Health Care – John James Hospital – Health Professionals and Support Services Enterprise Agreement 2024-2027. This decision formalises the terms and conditions of employment for the relevant employees and provides a framework for their ongoing employment relationship with the employer. The approval ensures that the agreement will be binding on both the employer and the employees for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established