Calvary Retirement Community Canberra T/A Calvary Haydon Retirement Community

[2014] FWCA 7910

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Calvary Retirement Community Canberra T/A Calvary Haydon Retirement Community
(AG2014/9201)

CALVARY RETIREMENT COMMUNITY CANBERRA AND THE ANMF (ACT BRANCH) NURSING ENTERPRISE AGREEMENT 2014

Australian Capital Territory
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 7 NOVEMBER 2014

Application for approval of the Calvary Retirement Community Canberra and the ANMF (ACT Branch) Nursing Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Calvary Retirement Community Canberra and the ANMF (ACT Branch) Nursing Enterprise Agreement 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Calvary Retirement Community Canberra T/A Calvary Haydon Retirement Community. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] 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) of the Act I note that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 November 2014. The nominal expiry date of the Agreement is 30 June 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Calvary Retirement Community Canberra, trading as Calvary Haydon Retirement Community, applied to the Australian Capital Territory Civil and Administrative Tribunal for approval of the Calvary Retirement Community Canberra and the ANMF (ACT Branch) Nursing Enterprise Agreement 2014. The Australian Nursing and Midwifery Federation (ACT Branch) was the other party involved in the application. The dispute centred on whether the proposed enterprise agreement complied with the applicable legislative provisions, particularly in relation to minimum employment standards and the process for approving such agreements in the context of retirement communities.

The legal issues before the Tribunal were whether the proposed agreement met the requirements of the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009, specifically regarding the minimum standards for employment conditions and the procedure for approving an enterprise agreement in the context of a retirement community. The Tribunal also had to consider whether the process for approving the agreement complied with the requirements set out in the Fair Work Regulations 2009.

In delivering its decision, the Tribunal thoroughly examined the provisions of the Fair Work Act 2009, the Fair Work (Registered Organisations) Act 2009, and the Fair Work Regulations 2009. The Tribunal found that the proposed agreement complied with the minimum standards for employment conditions and that the process for approving the agreement was in accordance with the relevant legislation. Consequently, the Tribunal approved the proposed enterprise agreement. The approval was subject to certain conditions designed to ensure compliance with the minimum employment standards and the procedural requirements of the relevant legislation.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established