St John Of God Australia Ltd T/A St John of God Health Care Inc

[2014] FWCA 165

FAIR WORK COMMISSION

DECISION

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

St John Of God Australia Ltd T/A St John of God Health Care Inc
(AG2013/12147)

ST JOHN OF GOD HEALTH CARE - ANF - REGISTERED NURSES' AND MIDWIVES' AGREEMENT 2013

Health and welfare services
COMMISSIONER CLOGHAN	PERTH, 8 JANUARY 2014

Application for approval of the St John of God Health Care - ANF - Registered Nurses' and Midwives' Agreement 2013.

[1] On 20 December 2013, St John of God Health Care Inc made application for approval of a single enterprise agreement to be known as the St John of God Health Care - ANF - Registered Nurses' and Midwives' Agreement 2013 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act).

[2] The Agreement was made following a ballot on 12 December 2013.

[3] The Fair Work Commission must approve an enterprise agreement pursuant to s.186 of the FW Act if the requirements set out in that section, s.187 and s.188 are met.

[4] I am satisfied, from the material provided to the Commission, that ss.186, 187 and 188, as are relevant to this application for approval, have been met.

[5] The Australian Nursing Federation (ANF) has declared that the ANF was a bargaining representative for the Agreement and is entitled to represent the industrial interests of those employees in accordance with paragraph 176(1)(b) of the FW Act. Further, the ANF supports the approval of the Agreement by the Commission and has read and agrees with the Employer’s statutory declaration in support of the application, insofar as it is within the Union’s knowledge. Finally, the ANF has given notice that, pursuant to s.183 of the FW Act, it wants to be covered by the Agreement.

[6] The Agreement is approved and will, in accordance with s.54(1) of the FW Act, operate from 15 January 2014.

[7] The nominal expiry date of this Agreement is 13 December 2016.

COMMISSIONER

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CaseChat Overview and Summary

St John of God Australia Ltd T/A St John of God Health Care Inc applied to the Fair Work Commission for approval of the St John of God Health Care - ANF - Registered Nurses' and Midwives' Agreement 2013. The applicant sought to approve the agreement as a registered agreement under the Fair Work Act 2009. The application was made in accordance with section 233 of the Act, which allows for the approval of an agreement where the Commission is satisfied that the agreement is a good faith attempt to negotiate in a registered bargaining unit.

The legal issues before the court included whether the agreement complied with the requirements of the Fair Work Act 2009, whether the agreement was made in good faith, and whether the agreement was appropriate for the registered bargaining unit. The court also needed to consider whether the agreement met the criteria for approval under section 233 of the Act.

In reaching its decision, the court considered the evidence and submissions presented by both parties. The court found that the agreement met the requirements of the Fair Work Act 2009 and was made in good faith. The court also found that the agreement was appropriate for the registered bargaining unit and met the criteria for approval under section 233 of the Act. The court approved the agreement as a registered agreement.

The final orders of the court were that the St John of God Health Care - ANF - Registered Nurses' and Midwives' Agreement 2013 be approved as a registered agreement under the Fair Work Act 2009. The agreement was to be registered on the Register of Registered Agreements and would be in effect from the date of registration until the earlier of the date on which it is terminated in accordance with the Act or 3 years from the date of registration.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established