DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Calvary Retirement Communities Limited
(AG2021/249)

CALVARY RETIREMENT COMMUNITIES LIMITED (SA) UNITED WORKERS UNION / ANMF SOUTH AUSTRALIAN BRANCH AGED CARE EMPLOYEES ENTERPRISE AGREEMENT 2020

Aged care industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 1 MARCH 2021

Application for approval of the Calvary Retirement Communities Limited (SA) United Workers Union / ANMF South Australian Branch Aged Care Employees Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Calvary Retirement Communities Limited (SA) United Workers Union / ANMF South Australian Branch Aged Care Employees Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Calvary Retirement Communities Limited. 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 Australian Nursing and Midwifery Federation (ANMF) and the United Workers Union (UWU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 March 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Calvary Retirement Communities Limited (SA) United Workers Union / ANMF South Australian Branch and the Australian Nursing and Midwifery Federation South Australian Branch were the applicants in this case, which was heard by the Fair Work Commission. The applicants sought approval of the Aged Care Employees Enterprise Agreement 2020, which aimed to establish the terms and conditions of employment for aged care employees within the organisation. The dispute centred on whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and whether it met the criteria for being an enterprise agreement.

The primary legal issues before the commission were whether the agreement was an enterprise agreement within the meaning of the Fair Work Act 2009 and whether it satisfied the requirements of the act, including the provisions regarding minimum entitlements, the process for agreement formation, and the absence of prohibited content. The commission also had to consider if the agreement was made in good faith and if it was likely to lead to improved productivity, efficiency, and profitability.

The commission determined that the agreement was indeed an enterprise agreement as it was made by an organisation and a union that had the capacity to do so, covered a range of employees, and addressed terms and conditions of employment. The commission found that the agreement met the requirements of the act, including the minimum entitlements and the process for agreement formation. The commission also determined that the agreement was made in good faith and was likely to lead to improved productivity, efficiency, and profitability. Consequently, the commission approved the Aged Care Employees Enterprise Agreement 2020.

The final orders of the commission were that the Aged Care Employees Enterprise Agreement 2020 be approved and registered under the Fair Work Act 2009, effective from 1 July 2020. The agreement would apply to the employees covered by the agreement and would remain in force until it was terminated, varied, or replaced by a new enterprise agreement.

Calvary Retirement Communities Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established