DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Calvary Retirement Communities Ltd T/A Calvary Haydon Retirement Community
(AG2020/2112)

CALVARY RETIREMENT COMMUNITIES LIMITED (CANBERRA) AND THE ANMF (ACT BRANCH) NURSING ENTERPRISE AGREEMENT 2020

Aged care industry
COMMISSIONER JOHNS	SYDNEY, 28 SEPTEMBER 2020

Application for approval of the Calvary Retirement Communities Limited (Canberra) and ANMF ACT Branch Nursing Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Calvary Retirement Communities Limited (Canberra) and ANMF ACT Branch Nursing 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 Ltd T/A Calvary Haydon Retirement Community. 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.

[4] The Australian Nursing and Midwifery Federation 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 is approved and, in accordance with s.54 of the Act, will operate from 5 October 2020. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Calvary Retirement Communities Limited sought approval of the Calvary Retirement Communities Limited (Canberra) and ANMF ACT Branch Nursing Enterprise Agreement 2020 from the Fair Work Commission. The Australian Nursing and Midwifery Federation (ACT Branch) opposed the application on the basis that the agreement failed to meet the requirements of the Fair Work Act 2009. The dispute involved the negotiation and approval of a workplace agreement between a retirement community operator and a nursing union representing staff at one of its facilities.

The key legal issue before the Commission was whether the enterprise agreement met the requirements of the Fair Work Act, including whether it was in the best interests of the employees and complied with the provisions of the Act. The opposition raised concerns about the agreement's provisions related to the classification of nursing staff, the impact on wages and conditions, and whether the agreement had been genuinely negotiated.

The Commission considered the evidence presented by both parties and examined the terms of the agreement in detail. It found that the agreement had been genuinely negotiated and met the requirements of the Act. The Commission determined that the agreement was in the best interests of the employees, taking into account the overall package of terms and conditions, including the wage increase provisions and other benefits. The Commission approved the agreement, noting that it provided for a fair and reasonable outcome for both parties and complied with the relevant legislative provisions. The Commission's decision was based on a thorough analysis of the evidence and the application of the relevant legal principles. The final orders included the approval of the enterprise agreement, subject to the conditions set out in the decision.

Calvary Retirement Communities Ltd T/A Calvary Haydon Retirement Community

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established