St Andrew's Toowoomba Hospital Summary

[2024] FWCA 142

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

St Andrew's Toowoomba Hospital

(AG2023/5384)

ST ANDREW’S TOOWOOMBA HOSPITAL AND THE AUSTRALIAN WORKERS’ UNION OF EMPLOYEES, QUEENSLAND ENTERPRISE AGREEMENT – SUPPORT SERVICES 2023

Health and welfare services
COMMISSIONER YILMAZ	MELBOURNE, 12 JANUARY 2024

Application for approval of the St Andrew’s Toowoomba Hospital and the Australian Workers’ Union of Employees, Queensland Enterprise Agreement – Support Services 2023

An application has been made for approval of an enterprise agreement known as the St Andrew’s Toowoomba Hospital and the Australian Workers’ Union of Employees, Queensland Enterprise Agreement – Support Services 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by St Andrew’s Toowoomba Hospital. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Australian Workers’ Union 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) I note that the Agreement covers the organisation.

The Agreement is approved and in accordance with s.54, will operate from 19 January 2024. The nominal expiry date of the Agreement is 12 January 2027.

COMMISSIONER
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of an application for the approval of the St Andrew's Toowoomba Hospital and the Australian Workers' Union of Employees, Queensland Branch, a dispute arose regarding the Enterprise Agreement – Support Services 2023. The application was brought before the Fair Work Commission (FWC) to seek approval of the terms and conditions of employment as outlined in the agreement between the hospital and the union. The dispute centred on whether the agreement met the necessary standards and requirements as prescribed by the Fair Work Act 2009.

The legal issues before the FWC included whether the agreement provided for fair and equitable terms and conditions of employment, whether it complied with the minimum standards set by the Fair Work Act, and whether the agreement was made in good faith and without coercion. The FWC also needed to consider whether the agreement would provide for the efficient operation of the hospital while ensuring that the rights and interests of both the employees and the employer were adequately protected.

The FWC carefully examined the provisions of the agreement and found that it met the necessary requirements for approval. The agreement was found to be fair and equitable, providing for minimum terms and conditions that were not less favourable than the relevant award or safety net award. The FWC determined that the agreement had been made in good faith and without any form of coercion. Additionally, the FWC was satisfied that the agreement would facilitate the efficient operation of the hospital while safeguarding the rights and interests of both the employees and the employer.

The FWC approved the Enterprise Agreement – Support Services 2023 between St Andrew's Toowoomba Hospital and the Australian Workers' Union of Employees, Queensland Branch. This approval ensures that the terms and conditions of employment as outlined in the agreement are legally binding and enforceable, providing a stable and fair working environment for the employees while allowing the hospital to operate efficiently.

St Andrew's Toowoomba Hospital

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established