St Andrew's Hospital Toowoomba

[2013] FWCA 3418

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

St Andrew's Hospital Toowoomba
(AG2013/5870)

ST ANDREW'S TOOWOOMBA HOSPITAL AND THE AUSTRALIAN WORKERS' UNION OF EMPLOYEES, QUEENSLAND ENTERPRISE AGREEMENT - SUPPORT SERVICES 2013-2015

Health and welfare services
COMMISSIONER BOOTH	BRISBANE, 29 MAY 2013

Application for approval of the St Andrew's Toowoomba Hospital and the Australian Workers' Union of Employees, Queensland Enterprise Agreement - Support Services 2013-2015.

[1] An application has been made for approval of a single enterprise agreement known as the St Andrew's Toowoomba Hospital and the Australian Workers' Union of Employees, Queensland Enterprise Agreement - Support Services 2013-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by St Andrew's Hospital Toowoomba.

[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] As the consultation term does not meet the requirements of s.205 of the Act, the model consultation term is taken to be a term of the Agreement and is attached to the Agreement.

[4] The Australian Workers’ Union of Employees, Queensland, 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 June 2013. The nominal expiry date of the Agreement is 31 December 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Australian Workers' Union of Employees, Queensland Branch sought approval for an enterprise agreement with St Andrew's Hospital Toowoomba. The agreement, covering support services staff at the hospital, was contested by the hospital, which raised several objections regarding its compliance with the Fair Work Act 2009. The hospital argued that certain provisions of the agreement did not meet the statutory requirements, particularly in relation to minimum wage rates and penalty rates.

The primary legal issues before the Commission were whether the agreement met the prescribed minimum terms and conditions set out in the Fair Work Act, and whether it complied with the procedural requirements for approval. The hospital contested the fairness and compliance of several clauses, including those concerning wage rates, shift penalties, and the classification of employees. The Union defended the agreement, asserting that it was fair and reasonable and that any objections raised by the hospital were without merit.

The Commission examined each objection in detail, considering the evidence and arguments presented by both parties. It found that while some provisions of the agreement required minor adjustments, the overall terms and conditions were fair and reasonable. The Commission determined that the agreement, with the necessary modifications, met the statutory requirements and was in the best interests of the employees. The hospital's objections were largely dismissed, and the agreement was approved subject to the specified changes.

The Commission ordered that the enterprise agreement be approved with modifications to certain clauses to ensure compliance with the Fair Work Act. The hospital was directed to implement the agreed changes and to cease any practices that were inconsistent with the approved agreement. The Union was also required to ensure that the modified agreement was communicated to all affected employees. The decision was final and binding, providing a resolution to the dispute and establishing the terms of employment for the support services staff at St Andrew's Hospital Toowoomba.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established