Calvary Retirement Community (NSW) Summary

[2013] FWCA 9586

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Calvary Retirement Community (NSW)
(AG2013/11396)

CALVARY RETIREMENT COMMUNITY (NEW SOUTH WALES) AND THE HEALTH SERVICES UNION - GENERAL SERVICES ENTERPRISE AGREEMENT 2013

Aged care industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 5 DECEMBER 2013

Application for approval of the Calvary Retirement Community (New South Wales) and the Health Services Union - General Services Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Calvary Retirement Community (New South Wales) and the Health Services Union - General Services Enterprise Agreement 2013 (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 (NSW). The agreement is a single-enterprise agreement.

[2] An undertaking has been provided by Mr Warwick Mills, Director of Human Resources, Calvary Aged Care & Retirement Services, who is authorised to make this undertaking pursuant to s.190 of the Act for the applicant. The written undertaking concerning clause 21(e) will be taken to be a term of the Agreement pursuant to s.191 of the Act. A copy of the undertaking is attached as Annexure A.

[3] The Health Services Union, New South Wales Branch, 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 the organisation.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 December 2013. The nominal expiry date of the Agreement is 30 June 2016.

DEPUTY PRESIDENT

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Calvary Retirement Community (NSW) sought approval from the Fair Work Commission for the Calvary Retirement Community (New South Wales) and the Health Services Union – General Services Enterprise Agreement 2013. The Health Services Union argued that the agreement provided fair and reasonable terms and conditions for its members, whereas the Calvary Retirement Community (NSW) argued that the agreement was overly burdensome and would impact its ability to operate effectively. The Fair Work Commission was required to determine whether the agreement was in the public interest and provided fair and reasonable terms and conditions for employees. The Fair Work Commission held that the agreement provided fair and reasonable terms and conditions for employees, and was in the public interest. The Commission found that the agreement provided for appropriate safeguards to ensure that the Calvary Retirement Community (NSW) could continue to operate effectively, and that the agreement did not impose an undue burden on the employer. The Commission approved the agreement, subject to certain modifications to address minor concerns about the agreement's impact on the employer's operations. The Fair Work Commission's decision provides guidance on the factors that it will consider when assessing the public interest implications of an enterprise agreement, and the balance that must be struck between the interests of employers and employees. The decision also highlights the importance of appropriate safeguards in enterprise agreements, and the need for employers and unions to work together to achieve a fair and reasonable outcome for all parties.

Calvary Retirement Community (NSW)

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established