the Applicant v Calvary Health Care Adelaide Ltd
Citation: [2026] FWC 2746
At a glance
- Employees affected
- 1
What happened
the Applicant, a Registered Nurse employed by Calvary Health Care Adelaide Ltd since 2007, sought a Fair Work Commission dispute resolution regarding an ‘Additional Qualification Allowance’. She believed she was entitled to this allowance from the start of her employment. Calvary Health Care objected, arguing there was no live dispute and the relevant enterprise agreements had ceased to operate. Several enterprise agreements have applied to the Applicant's employment over the years, including the Calvary Health Care and ANMF SA – Adelaide Private Hospitals – Nurses and Midwives’ Enterprise Agreement 2024. the Applicant initially raised the issue in 2007 and escalated it in 2021, receiving the allowance from 2022.
What was decided
The Fair Work Commission dismissed the Applicant’s application. the Commissioner found the Commission lacked jurisdiction to deal with the dispute. This was because there was no dispute regarding the application of the allowance under the current enterprise agreement and because the application sought to resolve disputes arising from enterprise agreements that no longer applied. The Commission cannot arbitrate disputes under expired agreements, even if the wording in those agreements is relevant. Calvary’s jurisdictional objection was upheld.
What it means for employers
Employers should ensure they understand the terms of each enterprise agreement that applies to their employees, particularly regarding entitlements like allowances. Changes in agreement wording can impact employee entitlements. It's crucial to maintain accurate records of employee qualifications and entitlements under each agreement.
What it means for employees
Employees should be aware of the enterprise agreements that apply to their employment and understand their entitlements under those agreements. If entitlements are disputed, employees should follow the dispute resolution process outlined in the relevant agreement. Be mindful that seeking resolution after an agreement expires may not be possible through the Fair Work Commission.
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections