DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Calvary Private Health Care Canberra Ltd T/A Calvary John James Hospital
(AG2016/4680)

CALVARY JOHN JAMES HOSPITAL HEALTH PROFESSIONALS AND SUPPORT SERVICES ENTERPRISE AGREEMENT 2016

Australian Capital Territory
COMMISSIONER GREGORY	MELBOURNE, 21 SEPTEMBER 2016

Application for approval of the Calvary John James Hospital Health Professionals and Support Services Enterprise Agreement 2016.

[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 2016 (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] 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.

[3] The Health Services Union of Australia 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 September 2016. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

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CaseChat Overview and Summary

Calvary Private Health Care Canberra Limited, trading as Calvary John James Hospital, filed an application for the approval of the Calvary John James Hospital Health Professionals and Support Services Enterprise Agreement 2016. The Fair Work Commission was the court in which the matter was heard. The agreement in question was entered into between the hospital and the Australian Health Services Union, acting as the representative of certain employees.

The central legal issues the court needed to address were whether the agreement met the criteria for approval under the Fair Work Act 2009 and if the process leading to the agreement's creation was fair and transparent. Specifically, the court had to determine if the agreement was made in good faith and if it contained the necessary minimum terms and conditions for employment. Additionally, the court considered whether any provisions in the agreement were inconsistent with the Fair Work Act.

The Fair Work Commission found that the agreement was made in good faith and that the necessary minimum terms and conditions were included. The court also determined that the process leading to the agreement was fair and transparent. The commission concluded that none of the provisions in the agreement were inconsistent with the Fair Work Act. As a result, the application for approval was successful.

The Fair Work Commission approved the Calvary John James Hospital Health Professionals and Support Services Enterprise Agreement 2016, affirming its compliance with the Fair Work Act. The decision ensures that the agreement will be legally binding on the parties involved, providing a clear framework for the terms and conditions of employment for the relevant employees.

Calvary Private Health Care Canberra Ltd 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