DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Calvary Retirement Communities Hunter-Manning Ltd T/A Calvary Retirement Community Cessnock Ltd and Calvary Retirement Community Ryde Pty Ltd
(AG2016/4842)

CALVARY RETIREMENT COMMUNITY (NEW SOUTH WALES) AND THE HEALTH SERVICES UNION - GENERAL SERVICES ENTERPRISE AGREEMENT 2016

Aged care industry
COMMISSIONER JOHNS	SYDNEY, 12 OCTOBER 2016

Application for approval of the Calvary Retirement Community (New South Wales) and the Health Services Union - General Services Enterprise Agreement 2016.

[1] On 1 August 2016, Calvary Retirement Communities Hunter-Manning Ltd T/A Calvary Retirement Community Cessnock Ltd and Calvary Retirement Community Ryde Pty Ltd (Applicant) made an application for approval of the Calvary Retirement Community (New South Wales) and the Health Services Union - General Services Enterprise Agreement 2016 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Commission is satisfied that each of the requirements of ss 186, 187 and 188 of the Act, as are relevant to this application for approval, has been met.

[4] 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), the Commission notes that the Agreement covers this organisation.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 19 October 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Calvary Retirement Communities Hunter-Manning Ltd T/A Calvary Retirement Community Cessnock Ltd and Calvary Retirement Community Ryde Pty Ltd sought approval from the Fair Work Commission for the Calvary Retirement Community (New South Wales) and the Health Services Union - General Services Enterprise Agreement 2016. This agreement aimed to establish the terms and conditions of employment for certain employees within the Calvary Retirement Community (New South Wales) Group. The Health Services Union sought to amend the agreement to better reflect the working conditions and remuneration of their members.

The primary legal issue before the court was whether the agreement met the statutory requirements under the Fair Work Act 2009. Specifically, the court had to determine if the agreement provided for a fair and reasonable balance of employee and employer interests and if it complied with the minimum entitlements outlined in the Fair Work Act. The court also had to assess whether the agreement was consistent with the Fair Work (Registered Organisations) Act 2009 and the Fair Work (Transitional Provisions) Regulations 2009.

The Fair Work Commission found that the agreement was fair and reasonable, as it appropriately balanced the interests of both employees and employers. The commission noted that the agreement included provisions for minimum wages, penalty rates, and conditions such as leave entitlements, which were consistent with the statutory minimum standards. The commission also concluded that the agreement was in compliance with all relevant legislative requirements and that the negotiation process had been conducted in good faith. Based on these findings, the commission approved the agreement.

The Fair Work Commission's decision to approve the Calvary Retirement Community (New South Wales) and the Health Services Union - General Services Enterprise Agreement 2016 was final and binding, subject to any potential appeals within the specified timeframe. The agreement was to be registered with the Fair Work Ombudsman and would govern the employment conditions of the specified employees within the Calvary Retirement Community (New South Wales) Group.

Calvary Retirement Communities Hunter-Manning Ltd T/A Calvary Retirement Community Cessnock Ltd and Calvary Retirement Community Ryde Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established