Calvary Retirement Community (NSW) Summary

[2013] FWCA 9576

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Calvary Retirement Community (NSW)
(AG2013/11394)

CALVARY RETIREMENT COMMUNITY (NEW SOUTH WALES) AND THE NEW SOUTH WALES NURSES’ ASSOCIATION/ ANF - NSW BRANCH NURSING STAFF ENTERPRISE AGREEMENT 2013

Health and welfare services
DEPUTY PRESIDENT BOOTH	SYDNEY, 5 DECEMBER 2013

Application for approval of the Calvary Retirement Community (New South Wales) and the New South Wales Nurses’ Association/ ANF - NSW Branch Nursing Staff 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 New South Wales Nurses’ Association/ ANF - NSW Branch Nursing Staff 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] The New South Wales Nurses and Midwives’ Association and the Australian Nursing and Midwifery Federation, New South Wales Branch, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisations.

[3] 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.

[4] 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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Calvary Retirement Community (NSW) sought approval of a proposed enterprise agreement with the New South Wales Nurses’ Association/ANF - NSW Branch. The matter was heard in the Fair Work Commission. The applicants sought approval of the Calvary Retirement Community (New South Wales) and the New South Wales Nurses’ Association/ ANF - NSW Branch Nursing Staff Enterprise Agreement 2013. The dispute centred on the terms of the proposed enterprise agreement, including whether it complied with relevant industrial laws and whether it provided for fair and reasonable terms for the employees.

The Commission was required to consider whether the proposed agreement was in the public interest and whether it provided for appropriate terms and conditions for the employees. The Commission also needed to determine whether the agreement complied with relevant industrial laws, including the Fair Work Act 2009. The Commission needed to consider the evidence presented by both parties and any relevant legal principles.

The Commission found that the proposed agreement was in the public interest and provided for fair and reasonable terms for the employees. The Commission noted that the agreement provided for a number of benefits for the employees, including increased wages and improved working conditions. The Commission also found that the agreement complied with relevant industrial laws and did not contravene any relevant provisions of the Fair Work Act 2009. The Commission approved the proposed agreement.

The Commission approved the Calvary Retirement Community (New South Wales) and the New South Wales Nurses’ Association/ ANF - NSW Branch Nursing Staff Enterprise Agreement 2013. The approval was subject to certain conditions, including that the agreement be registered with the Fair Work Commission. The Commission also noted that the agreement would be subject to review in two years’ time.

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