DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Calvary Retirement Communities Limited
(AG2019/4552)

CALVARY RETIREMENT COMMUNITIES LIMITED (NEW SOUTH WALES) AND THE AUSTRALIAN NURSING AND MIDWIFERY FEDERATION (NEW SOUTH WALES BRANCH) – NURSING EMPLOYEES ENTERPRISE AGREEMENT 2019

Health and welfare services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 21 JANUARY 2020

Application for approval of the Calvary Retirement Communities Limited (New South Wales) and the Australian Nursing and Midwifery Federation (New South Wales Branch) - Nursing Employees Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Calvary Retirement Communities Limited (New South Wales) and the Australian Nursing and Midwifery Federation (New South Wales Branch) - Nursing Employees Enterprise Agreement 2019 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] The Agreement lodged as part of the application for approval contained an error in Appendix 3. On 17 January 2020, the Applicant filed an amended version of the Agreement pursuant to section 586 of the Act correcting the error in Appendix 3. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to section 586 of the Act.

[3] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[4] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[5] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

[6] Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[7] The Australian Nursing and Midwifery Federation New South Wales Branch being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

[8] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 28 January 2020. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

Calvary Retirement Communities Limited, an employer, and the Australian Nursing and Midwifery Federation (New South Wales Branch), a union, applied for the approval of their 2019 enterprise agreement under the Fair Work Act 2009. The application was made to the Fair Work Commission, which was required to determine whether the agreement met the requirements for registration set out in the Act.

The primary legal issue before the Commission was whether the agreement contained all the mandatory terms required by section 233 of the Act and whether it complied with the good faith bargaining requirement under section 230. The Commission had to assess whether the agreement was made in good faith, whether it contained the necessary provisions, and whether it complied with the statutory minimum standards.

In deciding the matter, the Commission found that the agreement contained all the mandatory terms required by the Act and was made in good faith. The Commission also found that the agreement met the statutory minimum standards and was fair and reasonable. The Commission noted that the agreement provided for a fair and effective dispute resolution process and provided for a range of protections for employees. The Commission was satisfied that the agreement was appropriate and met the requirements for registration under the Act.

The Fair Work Commission approved the application for the registration of the Calvary Retirement Communities Limited (New South Wales) and the Australian Nursing and Midwifery Federation (New South Wales Branch) - Nursing Employees Enterprise Agreement 2019. The agreement was registered on the date of the Commission's decision, and it became a registered agreement under the Act.

Calvary Retirement Communities Limited

DECISION

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