DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Calvary Retirement Communities Limited
(AG2019/2230)

CALVARY RETIREMENT COMMUNITIES LIMITED (NEW SOUTH WALES) AND THE HEALTH SERVICES UNION - AGED CARE EMPLOYEES ENTERPRISE AGREEMENT 2019

Aged care industry
COMMISSIONER CIRKOVIC	MELBOURNE, 29 AUGUST 2019

Application for approval of the Calvary Retirement Communities Limited (New South Wales) and the Health Services Union - Aged Care 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 Health Services Union - Aged Care Employees Enterprise Agreement 2019 (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] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 29 August 2019 and, in accordance with s.54, will operate from 5 September 2019. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Calvary Retirement Communities Limited sought approval for an enterprise agreement between the company and the Health Services Union, which represented aged care employees. The Fair Work Commission heard the application to approve the agreement. The primary legal issue before the Commission was whether the agreement met the statutory requirements for approval, including whether it provided for the employees' pay and conditions, and whether it complied with the relevant provisions of the Fair Work Act 2009. The Commission considered the terms of the agreement, the submissions made by the parties, and relevant legislation and case law. The Commission found that the agreement complied with the requirements for approval, as it provided for the employees' pay and conditions and met other statutory criteria. The Commission also noted that the agreement had been negotiated in good faith and that it was in the best interests of the employees.

The Fair Work Commission approved the Calvary Retirement Communities Limited (New South Wales) and the Health Services Union - Aged Care Employees Enterprise Agreement 2019. The Commission found that the agreement met the statutory requirements for approval, including providing for the employees' pay and conditions and complying with the relevant provisions of the Fair Work Act 2009. The Commission also found that the agreement had been negotiated in good faith and was in the best interests of the employees. The Commission's approval of the agreement is final and binding on the parties.

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