DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Calvary Retirement Community Canberra
(AG2016/4530)

CALVARY RETIREMENT COMMUNITY CANBERRA AGED CARE EMPLOYEES ENTERPRISE AGREEMENT 2016

Australian Capital Territory
COMMISSIONER GREGORY	MELBOURNE, 21 SEPTEMBER 2016

Application for approval of the Calvary Retirement Community Canberra Aged Care Employees Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Calvary Retirement Community Canberra Aged Care Employees Enterprise Agreement 2016 (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 Community Canberra. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 September 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Calvary Retirement Community Canberra is the applicant in this case before the Fair Work Commission, seeking approval of the Calvary Retirement Community Canberra Aged Care Employees Enterprise Agreement 2016. The respondents to the application are the Health Services Union of Australia and the Australian Nursing and Midwifery Federation. The dispute revolves around whether the proposed enterprise agreement meets the requirements of the Fair Work Act 2009, particularly whether it is in the best interests of the employees and complies with the Act's provisions.

The legal issues before the Commission involved whether the proposed agreement adequately covered the employees' terms and conditions, including pay rates, allowances, and leave provisions. It was also necessary to determine whether the agreement contained appropriate mechanisms for the resolution of workplace disputes and whether it aligned with the Fair Work Act's objectives. Furthermore, the Commission had to assess if the agreement was consistent with the provisions of the Fair Work (Registered Organisations) Act 2009, which sets out the obligations of registered organisations in the enterprise bargaining process.

The Fair Work Commission found that the proposed enterprise agreement met the necessary legal requirements. The agreement provided for fair and reasonable terms and conditions, including appropriate pay rates and allowances. The Commission also determined that the agreement contained adequate dispute resolution mechanisms. The Commission concluded that the agreement was in the best interests of the employees and did not contravene the provisions of the Fair Work Act or the Fair Work (Registered Organisations) Act.

The Fair Work Commission approved the Calvary Retirement Community Canberra Aged Care Employees Enterprise Agreement 2016, subject to certain conditions. These conditions included the implementation of a transitional process for employees who were not members of the registered organisations, the establishment of a joint committee to oversee the agreement's operation, and the provision of information to employees regarding the agreement. The Commission's decision ensures that the employees of Calvary Retirement Community Canberra have a fair and reasonable enterprise agreement that aligns with the objectives of the Fair Work Act.

Calvary Retirement Community Canberra

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established